Home European Judiacial Area ENCJ Executive Board´s opinion on the Presidential draft Act of Poland
ENCJ Executive Board´s opinion on the Presidential draft Act of Poland
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The ENCJ has received a request for cooperation from the National Judicial Council of Poland (Krajowa Rada Sądownictwa - KRS). The KRS has turned to the Executive Board of ENCJ to be advised on the compatibility of the Presidential draft Act on the National Council of the Judiciary of Poland with European standards including, in particular, the independence of the judiciary and the status of councils for the judiciary.
The ENCJ, in principle, does not give opinions on draft legislation, but it will set out the generally applicable ENCJ principles. Taking  this into account the Executive Board (the ‘Board’) puts forward the following observations and comments.

On 3rd October 2017 the ENCJ has received a request for cooperation from the National Judicial Council of Poland (Krajowa Rada Sądownictwa - KRS). The KRS has turned to the Executive Board of ENCJ to be advised on the compatibility of the Presidential draft Act on the National Council of the Judiciary of Poland with European standards including, in particular, the independence of the judiciary and the status of councils for the judiciary.The ENCJ, in principle, does not give opinions on draft legislation, but it has set out the generally applicable ENCJ principles in the Executive Board opinion of 13 October 2017. The Board in its final remarks states that it feels that the Presidential draft Act does not alleviate the concerns which it has previously expressed concerning planned judicial reforms in Poland. 

Presidential draft Act on the law of the National Judicial Council of Poland

Opinion of the ENCJ Executive Board of 13 October 2017

Opinion of the ENCJ Executive Board of 30 January 2017

 

 

 

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