Constitutional Tribunal decides on term of office of Commissioner for Civil Rights
06:00
The Constitutional Tribunal, chaired by Julia Przyłębska, announced that the provision of the Act stating that the Commissioner for Civil Rights (Ombudsman) performs his duties until the new Commissioner takes up the position is inconsistent with the Constitution. This paves the way for the removal of Adam Bodnar from office.
"The Court emphasizes that the case in which the judgment was handed does not concern a specific Ombudsman, nor the office of the Ombudsman as such," Stanisław Piotrowicz, the judge rapporteur, explained.
Thus, Bodnar's term of office expired on September 9, 2020. However, he still serves as the Ombudsman, because from September the Sejm and Senate were unable to appoint his successor. Pursuant to the Act on the Commissioner for Civil Rights, "the current Ombudsman performs his duties until the new Ombudsman takes up the position". It is this provision – under which Adam Bodnar continues to act as the Ombudsman – that Law and Justice (PiS)deputies appealed against.
Adam Bodnar admitted before the hearing that although his term of office has ended, "activities are still carried out in accordance with the regulations and the sense of mission".
"The function of time is one thing, but it is the service that comes from the oath to uphold the rule of law. Because the state does not stop violations when the term of office ends, and these violations may continue and someone has to look at the hands of the authorities," the Ombudsman emphasized.
Today, the election of the new Ombudsman is to be once again taken up by MPs. This time the parliamentary justice and human rights committee gave a positive opinion for this position only to the candidacy of the PiS MP Bartłomiej Wróblewski.
Meanwhile, the Council of Europe Commissioner for Human Rights, Dunja Mijatović, expressed concern about today's judgment of the Constitutional Tribunal on the Act on the term of office of the Ombudsman.
"Today's Constitutional Court ruling creates a worrying gap in the functioning of the Ombudsman institution in-btw terms and the protection of #humanrights in #Poland. A successor must urgently be selected fully respecting the Polish Constitution and law & international standards," Dunja Mijatović commented.
