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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