Date: Thursday, 6 September 2007

IBAHRI and CCBE Concerned about Deterioration of the Rule of Law in Poland
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The International Bar Association’s Human Rights Institute (IBAHRI) and the Council of Bars and Law Societies of Europe (CCBE) today expressed alarm about threats to the rule of law in Poland due to the cumulative impact of legislation, in force and proposed, which would undermine current guarantees for the independence of the judiciary and the legal profession.  Such legislation includes, but is not limited to:

- Act dated 29 June 2007 amending the Act on the common court system and certain other Acts;
- Act dated 29 March 2007 amending the Act on the legal profession and certain other acts; and
- Draft law amending the law on the Constitutional Tribunal.

The concerns are being investigated in a joint high-level delegation visit to Poland.

‘The independence of the judiciary and the legal profession are cornerstones of the rule of law, which must be protected and defended by all democratic governments,’ said Mr Martin Šolc, Chair of the IBA’s Public and Professional Interest Division. ‘The delegation will consider the specific amendments further in the proceeding weeks, but we are concerned that the legislation may breach not only the Polish Constitution but also regional and international standards.’

Despite repeated requests, the delegation was disappointed by the inability of the Minister for Justice, Zbigniew Ziobro, and the Vice-Minister for Justice, Andrzej Kryże, to meet with it. 

‘We remain eager to hear from the Polish Government regarding their reasons behind the legislation, and their analysis of the potential impact,’ said Mr John Fish, former President of CCBE. ‘We invite the Polish Government to send us this information over the coming weeks as we prepare our final report.’  

Aimed at examining reported concerns about proposed legislative amendments, the delegation, comprising the Right Honourable Lady Cosgrove (Scotland), Dr Rupert Wolff (Austria), Mr Martin Šolc (the Czech Republic), Mr John Fish (Ireland), Ms Felicia Johnston (Australia) and Ms Brooke Hartigan (Australia), met with a wide range of judges, advocates and legal advisers, prosecutors, representatives of universities, self-governing bodies and non-governmental organisations during the visit to Poland between  2 and 7 September 2007.  The IBAHRI/CCBE report on the high-level delegation’s findings will be finalised over the coming weeks.

ENDS

For further information/expanded commentary, please contact:

Romana St Matthew - Daniel
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