In a report released Friday, the commission said, “As long as the situation of constitutional crisis related to the Constitutional Tribunal remains unsettled and as long as the Constitutional Tribunal can not carry out its work in an efficient manner, not only is the rule of law in danger, but so is democracy and human rights”.
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Although the Council of Europe’s findings are not binding, the European Union is likely to review them as part of its own unprecedented probe into the rule of law in Poland. It also stacked the court with its own justices, while President Andrzej Duda, a former member of the party, ignored a ruling that ordered him to swear in three judges picked by the previous cabinet.
Bochenek said the commission’s opinion would be sent to the parliament so all political sides could seek a resolution.
On Wednesday, the Constitutional Tribunal ruled that the new legislation, which would require a two-thirds majority and the mandatory participation of 13 of the total 15 judges for constitutional tribunal rulings to stand, is unconstitutional and infringes the principles of a state ruled by law.
Thomson ReutersRzeplinski attends a session at the Constitutional Tribunal in WarsawWARSAW (Reuters) – Poland’s ruling conservatives said on Saturday they would disregard a ruling by the country’s top court that outlawed some of their legal reforms, putting them on a collision course with the European Union that has also criticized the changes.
An official said the government would respond to the Venice Commission on Saturday at 0930 GMT.
The court itself has said the new rules are illegal, effectively putting the changes in limbo.
“Poland should settle its constitutional crisis by respecting judgments of its Constitutional Tribunal”, the Venice Commission said in an e-mailed report.
The PiS has called a leaked draft of the critiques “legally absurd”, saying their “democracy is in very good shape”.
The government says the demonstrations are evidence that democracy is flourishing in Poland. It argues that it won a strong mandate in elections last October to introduce sweeping reforms.
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“We’re not sending in police with bullets against people, they are allowed to express their views”.
