1.4 Providing a platform to discuss rule of law developments Respect for the rule of law and independence of the judiciary are cornerstones of the OSCE, and the basis of many commitments. However, there are worrying trends in this area. Legislative initiatives in many participating States have paved the way for the executive and legislative branches to take greater control of the judiciary. This threatens the independence of judges and, more broadly, the separation of powers. Many of these legislative changes have been introduced through expedited means that did not allow an open, inclusive and consultative process. In 2019, ODIHR continued to encourage national authorities to develop and promote legislation that complies with international standards and respects the independence of the judiciary. This included the provision of legal opinions to draft legislation and the organization of a series of expert roundtables in Poland. The rule of law is a prerequisite for democracy, and an essential element of any fair trial. It requires judicial independence to be guaranteed through law and respected in practice, which includes both respect for judges’ guaranteed tenure and the protection of judges from any form of political influence in their decision-making. In its follow-up to legal opinions published between 2017 and 2019 on legislative initiatives in Poland related to the judiciary, ODIHR monitored the impact of new laws and other relevant developments, including a series of disciplinary procedures initiated against judges who voiced concerns over compliance of the new laws with rule of law standards. 16 DEMOCRACY AND HUMAN RIGHTS IN THE OSCE In 2019, ODIHR organized three expert roundtables that provided a platform to assess the impact of the legal changes relating to the judiciary. They were conducted in co-operation with a number of regional and international organizations working on the rule of law, including the Office of the High Commissioner for Human Rights, the Council of Europe, GRECO, the Consultative Council of European Judges, the European Association of Judges, and the European Network of Councils for the Judiciary, as well as the international community. ODIHR’s support to the rule of law in Poland in 2019 aimed at ensuring it was both timely and useful. The roundtables, in particular, enabled the Polish legal community and civil society to assess the impact of the legal changes through discussions with other experts and practitioners, and convey their concerns to representatives of the international community. Overall, the roundtables helped create a network of institutions and individuals committed to upholding the rule of law and sharing information and analysis. The roundtables provided a platform previously missing for stakeholders to jointly develop instruments that allow local civil society organizations, members of the judiciary, and the international community to promote respect for the rule of law in Poland.

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