GENEVA - Poland's efforts to repair the rule of law and the broad agreement on the value of an independent and impartial judiciary was encouraging, a UN expert said today, while expressing concern that a political stalemate was blocking urgent legal reform.
At the end of an official visit to Poland, the Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, said delays to reform were having a detrimental effect on people from all walks of life.
"I welcome the efforts made to change practices, but the framework that has allowed abuses such as political interference in judicial appointments, lack of accountability, unregulated secondments, and abuse of disciplinary proceedings, is still there."
"I share Poland's frustration at moments when progress has been blocked by a handful of people: an unexplained veto, a shuttered tribunal, an unsubstantiated denial of appointment oaths, or lack of discussion of amendment to a provision," Satterthwaite said.
"Denial of the problem or excessive formalism to stop a decent proposal from a political rival is a race to the bottom, where everyday people suffer. I call on all actors to use the spaces that are already available to work towards agreement."
The Special Rapporteur said she found that civil society was fatigued by the convoluted discussions and political deadlock, and eager to see concrete achievements in reinstating the rule of law.
"The reinstatement of judicial independence, legal certainty, and an end to lengthy proceedings were on the minds of everyone I met during my visit," she said.
"I noted broad agreement on the need to clarify the status of judges appointed after 2017, and the imperative to reform civil and criminal procedures to declutter courts," Satterthwaite said. "International standards require that the clarification of the status of judges should be carried out without delay and must be proportionate to the structural defects identified in the legal system. This new Council of the Judiciary offers hope, and should start work immediately."
The Special Rapporteur also noted that during her discussions, she heard from all stakeholders that Poland needs working apex courts that all in Poland can consider legitimate and that renewing these was urgent.
She urged Poland to capitalise on these agreements and move forward.
"European rulings and decisions set out a roadmap, but the real reason to recover and strengthen the rule of law is everyone's right a fair trial, speedy proceedings, an impartial judge and access to counsel of one's choice," Satterthwaite said.
"I hope my findings today, and my report in June 2027 will contribute to these efforts."
