RESOLUTION
OF THE SENATE OF THE REPUBLIC OF POLAND
of 27 February 2020
in defence of impartiality of judges and independence of the judiciary
The judicial system in the Republic of Poland is being demolished, with unimaginable
consequences. Within four years only, the reputation of the Constitutional Tribunal was
tarnished. The unconstitutional changes introduced into the National Council of the Judiciary
have left it largely dependent on the executive power.
Opinions, resolutions and decisions of such European institutions as the Court of Justice of the
European Union, the Council of Europe and the Venice Commission are being disregarded.
The rulings and resolutions of the Supreme Court are openly being discredited. The
independence of the judiciary is being challenged, and judges themselves have been targeted
by the authorities with various aggressive actions. The state institutions, financed from the
public funds, are disavowing courts, and in many cases, also individual judges. Recognising
the need to reform the judicial system, as expressed by the public, the Senate of the Republic
of Poland notes the negative effects of the introduced changes on the citizens and legal entities
alike.
As a consequence of these actions, Poland is internationally no longer considered a
democratic state based on the rule of law.
Recalling Article 173 of the Constitution: “The courts and tribunals shall constitute
a
separate power and shall be independent of other branches of power”, and its Article 178(1):
“Judges, within the exercise of their office, shall be independent and subject only to the
Constitution and statutes”, the Senate of the Republic of Poland calls
for the following:
1.
2.
3.
4.
Ceasing the repression of judges and respecting the independence of judiciary.
Halting political interference in judicial institutions.
Ensuring safety at work for all judges.
Recognising the rights of the judicial self-government to properly represent their
professional group.
5.
Implementing the decisions of European institutions, including in particular the Court of
Justice of the European Union, and the recommendations included in the Council