According to sources, the Polish Press Agency in the European Parliament, the content of the document has been prepared by the two biggest factions – the European People’s Party and the Progressive Alliance of Socialists and Democrats.
The project received the support of three smaller parties: the Alliance of Liberals and Democrats Europe, the European United Left – Nordic Green Left and the Greens – European Free Alliance.
The document will be put to the vote during Wednesday’s plenary session of the European Parliament in Strasbourg.
x-news.pl, TVN24
Motion for a resolution
In the unofficial text of the resolution, the European Parliament is concerned that the “virtual paralysis of the Constitutional Court in Poland threatens democracy, human rights and the rule of law.”
The dispute over TK
The opinion was expressed that “recent events in Poland, in particular political and legal dispute concerning the composition of the Court and the new rules relating to its operation (…) led to concerns about the ability of CT to defend the Constitution and to ensure respect for the rule of law.”
“EP calls on the Polish government to respect, publication and full implementation of the Constitutional Court’s judgment of 9 March 2016, without further delay, and to implement the judgments of 3 and 9 December 2015″ – is the draft document.
3 December 2015 the Constitutional Court declared that the previous parliament in October chose two judges TK in a manner inconsistent with the Constitution (in the place of those whose term of office ended in December).
Constitutional Court in its judgment of 9 December declared the unconstitutionality of the five provisions of the amended Law on the Constitutional Tribunal by Justice of November this year.
9 March the Constitutional Court found that several provisions of the December amendment to the Constitutional Tribunal Act, by the Law and Justice is unconstitutional. According to PiS politicians sitting of the Court it was against the law.
Last Wednesday, the deputy head of the European Commission Frans Timmermans after passing relationship with a visit to Poland, said that out of the crisis is an urgent matter, and the basis for dialogue must be the publication and implementation of the decisions of the Constitutional Court.
In the draft resolution stated that the European Parliament shares the concerns Timmermans concerning the possibility of the existence of “two parallel legal systems, which would lead to legal uncertainty.”
According to the text of the EP resolution “calls on the Polish government to the full implementation of the recommendations of the Venice Commission”, sharing her opinion that “the Polish Constitution and European and international standards require respect the judgments of the Tribunal.”
the Venice Commission adopted its position on the Constitutional Court on 11 March. The conclusion of the opinion is that “weaken the effectiveness of the Court would undermine democracy, human rights and the rule of law” in Poland. In the opinion it is said that “both the previous and the current majority in the Polish parliament took action unconstitutional.”
European parliament supported the resolution of the European Commission’s decision to launch a structured dialogue to the Polish in the procedure for the rule of law.
IAR, PAP, kk
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