Sunday, April 21, 2024

|MEDEL|

MEDEL Statement on Poland

Medel welcomes the announced reforms of the institutional framework of prosecution in Poland. Medel expresses deep satisfaction with Poland’s notification of intention to join the EPPO and the announcement of an open competition for the position of National Prosecutor. Another step towards restoring the Rule of Law in Poland.

Since the Palermo Declaration “Elements of a European Statute of the Judiciary,” adopted on 16 January 1993, Medel emphasizes that the independence of prosecution is a precondition for the effective functioning of the judiciary.

The necessity of ensuring the independence of prosecution has been confirmed in opinions and recommendations at the European level, stating that the independence of Prosecutors is a “necessary corollary to the independence of the judiciary” (see e.g. the Joint CCJE – CCPE Bordeaux Declaration of 2009 titled “Judges and Prosecutors in a Democratic Society” and the Rome Charter CCPE Opinion No. 9 -2014).

Over recent years, Medel has supported prosecutors from Lex Super Omnia (a member of Medel) who, risking serious disciplinary proceedings, fought for the independence of the prosecutor’s office in Poland.

Therefore, Medel welcomes the decision of Adam Bodnar, the Minister of Justice and Prosecutor General of the Republic of Poland, to present the main lines of the draft amendment to the Prosecution Act, separating the functions of the Minister of Justice and the Prosecutor General.

Medel expresses as well deep satisfaction with Poland’s notification of intention to join the European Public Prosecutor’s Office and the announcement of an open competition for the position of National Prosecutor.

MEDEL expresses the belief that these decisions are another step towards restoring the Rule of Law in Poland and bring hope for building a prosecution service effectively combating crime while respecting due process guarantees and civil rights.

17 February 2024

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