Draft resolution
1The Parliamentary Assembly
recalls its previous resolutions on upholding the rule of law in
the member States of the Council of Europe, in particular Resolutions 1594 (2007) on the principle of the rule of law, Resolution 1685 (2009) on allegations of politically motivated abuses of the
criminal justice system in Council of Europe member States, Resolution 2040 (2015) “Threats to the rule of law in Council of Europe member States:
asserting the Parliamentary Assembly’s authority”, Resolution 1703 (2010) and Recommendation
1896 (2010) on judicial corruption, Resolution 1943 (2013) and Recommendation
2019 (2013) on corruption as a threat to the rule of law and Resolution
2098 (2016) and Recommendation
2087 (2016) “Judicial Corruption: urgent need to implement the Assembly’s
proposals”.
2The Assembly notes with concern serious problems related to
the rule of law in many member States of the Council of Europe.
In its Resolution 2040
(2015), it regretted that a number of its recommendations concerning
the safeguarding and strengthening of the rule of law had still
not been implemented by certain member States.
Tabled by Ms Olena SOTNYK, Mr Vladyslav GOLUB, Mr Nigel EVANS, Mr Jarosław OBREMSKI, Mr Kostiantyn USOV, Mr Serhii KIRAL, Mr Arkadiusz MULARCZYK, Mr Viktor VOVK
In the draft resolution, after paragraph 2, insert the following paragraph:
"The Assembly is also deeply concerned by cases in certain member States in which national judiciaries are used to silence political opponents and to repress those who disagree with government policies. One of the most notorious examples is the mass political persecution in the annexed Crimea by the Russian Federation. The latest case concerns Akhtem Chiygoz, a member of Mejlis of the Crimean Tatar People, who was sentenced to eight years in a penal colony. He was found guilty of having organised "mass disturbances" linked to clashes between pro-Ukrainian and pro-Russian supporters that led to the death of two people on 26 February 2014."
3Fully aware of the diversity of the legal systems and cultures
of the member States, the Assembly recalls that respect for the
rule of law is one of the core values of the Organisation and is
closely interlinked with democracy and respect for human rights.
Article 6 of the European Convention on Human Rights (ETS No. 5) enshrines
one of its main components: the principle of independence and impartiality
of the judiciary. Furthermore, the Council of Europe is the main
international organisation to have developed legal and political documents
in this field, through the work of its statutory bodies and specialised
instances, such as the European Commission for Democracy through
Law (Venice Commission), the Group of States against Corruption
(GRECO), the European Commission for the Efficiency of Justice (CEPEJ),
the Consultative Council of European Judges (CCJE) and the Consultative
Council of European Prosecutors (CCPE).
4The Assembly calls again on all Council of Europe member States
to fully implement the principle of the rule of law, in line with
the above-mentioned instruments of the Council of Europe and to
continue to co-operate with its relevant bodies and instances.
5The Assembly has thoroughly examined the situation in five
member States: Bulgaria, the Republic of Moldova, Poland, Romania
and Turkey. Although the list of problems found in those States
does not include all of those to be found in Council of Europe member
States, the Assembly is concerned about some recent developments
which put at risk respect for the rule of law, and, in particular,
the independence of the judiciary and the principle of the separation
of powers. This is mainly due to tendencies to limit the independence
of the judiciary made though attempts to politicise the judicial
councils and the courts (mainly in Bulgaria, Poland and Turkey),
massive revocation of judges and prosecutors (Turkey) or attempts
to do so (Poland) and tendencies to limit the legislative power
of the parliament (the Republic of Moldova, Romania and Turkey).
Moreover, corruption, which is a major challenge to the rule of
law, remains a widespread phenomenon in Bulgaria, the Republic of
Moldova and Romania.
Tabled by Mr Dominik TARCZYŃSKI, Mr Arkadiusz MULARCZYK, Mr Józef LEŚNIAK, Mr Jarosław OBREMSKI, Mr Jacek OSUCH
In the draft resolution, paragraph 5, in the first sentence, replace the word "five" with the word:
"four".
Tabled by Mr Dominik TARCZYŃSKI, Mr Arkadiusz MULARCZYK, Mr Józef LEŚNIAK, Mr Jarosław OBREMSKI, Mr Jacek OSUCH
In the draft resolution, paragraph 5, in the first sentence, delete the following word:
"Poland".
(If adopted, amendments 17, 18 falls)
Tabled by Mr Talip KÜÇÜKCAN, Mr Şaban DİŞLİ, Ms Emine Nur GÜNAY, Mr Suat ÖNAL, Ms Leyla ŞAHİN USTA
In the draft resolution, paragraph 5, replace the last two sentences with the following sentences:
"This is mainly due to tendencies to limit the independence of the judiciary made through attempts to politicise the judicial councils and the courts, massive revocation of judges and prosecutors or attempts to do so and tendencies to limit the legislative power of the parliament. Moreover, corruption, which is a major challenge to the rule of law, remains a widespread phenomenon in some member States."
(Falls if amendment 20 is adopted)
Tabled by Mr Dominik TARCZYŃSKI, Mr Arkadiusz MULARCZYK, Mr Józef LEŚNIAK, Mr Jarosław OBREMSKI, Mr Jacek OSUCH
In the draft resolution, paragraph 5, in the third sentence, after the words "mainly in Bulgaria", delete the following word:
", Poland".
(Falls if amendment 20 is adopted)
Tabled by Mr Dominik TARCZYŃSKI, Mr Arkadiusz MULARCZYK, Mr Józef LEŚNIAK, Mr Jarosław OBREMSKI, Mr Jacek OSUCH
In the draft resolution, paragraph 5, in the third sentence, delete the following words:
"or attempts to do so (Poland)".
6The Assembly therefore calls on the Bulgarian authorities
to:
6.1continue the reform of
the Supreme Judicial Council, the judiciary and the prosecution
service in line with Council of Europe recommendations;
6.2strengthen efforts to combat corruption and, in particular,
establish an anti-corruption agency.
7The Assembly calls on the authorities of the Republic of Moldova
to:
7.1continue the reform of
the Superior Council of Magistracy, the judiciary and the prosecution service
in line with the recommendations of Council of Europe bodies;
7.2considerably strengthen its efforts to combat corruption
and, in particular, ensure full independence of the major institutions
competent in this field;
7.3refrain from taking measures which would undermine the
separation of powers.
8The Assembly calls on the Polish authorities to:
(If adopted, amendments 12, 13 falls)
Tabled by Mr Dominik TARCZYŃSKI, Mr Arkadiusz MULARCZYK, Mr Józef LEŚNIAK, Mr Jarosław OBREMSKI, Mr Jacek OSUCH
In the draft resolution, delete paragraph 8.
8.1refrain from conducting any
reform which would put at risk respect for the rule of law, and
in particular the independence of the judiciary;
(Falls if amendment 19 is adopted)
Tabled by Mr Krzysztof TRUSKOLASKI, Mr Killion MUNYAMA, Ms Marianne MIKKO, Sir Alan MEALE, Ms Tineke STRIK
In the draft resolution, at the end of paragraph 8.1, insert the following words:
" and in this context, to refrain from amending the Act on the National Council of the Judiciary in a way that would modify the procedure for appointing judge members of the Council and would establish political control over the appointment process of judge members;".
8.2ensure that the justice reform which is now under way
will be compliant with Council of Europe standards on the rule of
law, democracy and human rights;
(Falls if amendment 19 is adopted)
Tabled by Mr Krzysztof TRUSKOLASKI, Mr Killion MUNYAMA, Ms Marianne MIKKO, Sir Alan MEALE, Ms Tineke STRIK
In the draft resolution, at the end of paragraph 8.2, insert the following words:
"and, in this context, to refrain from implementing any legal provisions that would terminate the term of office of judge members of the National Council of Judiciary in Poland or of the First President of the Supreme Court;"
8.3fully co-operate with the Venice Commission and implement
its recommendations, especially those with respect to the composition
and the functioning of the Constitutional Court.
9The Assembly calls on the Romanian authorities to:
Tabled by Mr Philippe MAHOUX, Mr Frank SCHWABE, Mr Boriss CILEVIČS, Mr Mart van de VEN, Mr Pierre-Alain FRIDEZ
In the draft resolution, before paragraph 9, insert the following paragraph:
"The Assembly asks the Venice Commission for an opinion on the compatibility with the Council of Europe's standards on the rule of law of the Polish law of 12 July 2017 on the Ordinary Courts Organisation, as well as of the two draft laws recently submitted to the Sejm by the President of the Republic, on amending the law on the National Council of the Judiciary and on the Supreme Court."
9.1support an appropriate public
debate on the constitutional criteria for lifting parliamentary immunity;
Tabled by Ms Anne BRASSEUR, Ms Ute FINCKH-KRÄMER, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES
In the draft resolution, at the end of paragraph 9.1, insert the following words:
"and adopt clear criteria for this, respecting the recommendations of the Venice Commission".
9.2revise as soon as possible the criminal legislation by
implementing the decisions of the Constitutional Court that declared
unconstitutional an important number of articles of the Criminal
Code and the Criminal Procedure Code;
Tabled by Ms Anne BRASSEUR, Ms Ute FINCKH-KRÄMER, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES
In the draft resolution, at the end of paragraph 9.2, insert the following words:
"focusing on the fight against corruption and the abuse of authority, by implementing the recommendations of the Venice Commission and GRECO"
9.3ensure that the separation of powers is respected by the
government and the judiciary as regards the competences of the parliament;
Tabled by Ms Anne BRASSEUR, Ms Ute FINCKH-KRÄMER, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES
In the draft resolution, at the end of paragraph 9.3, insert the following words:
", refraining especially from abusive law-making by emergency ordinances".
9.4support, politically and financially, the work of the
National Anti-Corruption Directorate; the latter should respect
fundamental human rights during criminal investigations;
Tabled by Ms Anne BRASSEUR, Ms Ute FINCKH-KRÄMER, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES
In the draft resolution, paragraph 9.4, before the word "work", insert the following word:
"remarkable".
(If adopted, amendment 23 falls)
Tabled by Ms Anne BRASSEUR, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES, Ms Ute FINCKH-KRÄMER
In the draft resolution, paragraph 9.4, replace the words "the latter should respect fundamental human rights during criminal investigations" with the following words:
"respecting the legal framework and the need for an effective fight against corruption and the abuse of authority".
(Falls if amendment 5 is adopted)
Tabled by Mr Titus CORLĂŢEAN, Mr Corneliu ȘTEFAN, Ms Adriana Diana TUȘA, Mr Valeriu GHILETCHI, Mr Marian LUPU, Mr Evangelos VENIZELOS, Mr Attila KORODI
In the draft resolution, paragraph 9.4, after the words "fundamental human rights", insert the following words:
"and the domestic legal criminal procedures".
9.5ensure respect for the essential role and the authority
of the Constitutional Court throughout Romanian society.
Tabled by Ms Anne BRASSEUR, Ms Ute FINCKH-KRÄMER, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES
In the draft resolution, paragraph 9.5, after the word "Court", insert the following words:
"and the National Anti-Corruption Directorate (DNA)".
Tabled by Ms Anne BRASSEUR, Ms Ute FINCKH-KRÄMER, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES
In the draft resolution, paragraph 9.5, replace the words "Romanian society" with the following words:
"political parties".
10Recalling its Resolution
2156 (2017) on the functioning of democratic institutions in Turkey,
the Assembly reiterates its deepest concern about the scope of measures
taken under the state of emergency and the amendments to the Constitution
adopted by the Grand National Assembly on 21 January 2017 and approved
in the national referendum of 16 April 2017. It therefore calls
on the Turkish authorities to:
10.1lift
the state of emergency as soon as the circumstances and threats
which led to the declaration of the state of emergency have ceased;
Tabled by Ms Anne BRASSEUR, Ms Ute FINCKH-KRÄMER, Mr Boriss CILEVIČS, Mr Mart van de VEN, Ms Stella KYRIAKIDES
In the draft resolution, paragraph 10.1, replace the words "the circumstances and threats which led to the declaration of the state of emergency have ceased" with the following word:
"possible".
10.2reconsider the constitutional amendments approved in the
referendum of 16 April 2017, in line with Opinion No. 875/2017 of
the Venice Commission, so that there will again be a functioning
separation of powers, especially with respect to the parliament
and the Constitutional Court;
Tabled by Mr Talip KÜÇÜKCAN, Mr Şaban DİŞLİ, Ms Emine Nur GÜNAY, Mr Suat ÖNAL, Ms Leyla ŞAHİN USTA
In the draft resolution, delete paragraph 10.2.
10.3make sure that all emergency decree laws passed by the
government under the state of emergency are approved by the parliament
and that their constitutionality can be verified by the Constitutional
Court;
10.4put an immediate end to the collective dismissal of judges
and prosecutors through decree laws and ensure that those who have
already been dismissed will have their cases reviewed by a “tribunal” fulfilling
the requirements of Article 6 of the European Convention on Human
Rights.
(If adopted, amendment 9 falls)
Tabled by Mr Talip KÜÇÜKCAN, Mr Şaban DİŞLİ, Ms Leyla ŞAHİN USTA, Mr Suat ÖNAL, Ms Emine Nur GÜNAY
In the draft resolution, replace paragraph 10.4 with the following paragraph:
"proceed carefully with the dismissal through decree laws of those judges and prosecutors who have allegedly taken part in the activities of terrorist organizations and ensure that those who have already been dismissed will have their cases reviewed by a 'tribunal' fulfilling the requirements of Article 6 of the Convention. In this context, the Assembly welcomes the establishment of the inspection commission on the state of emergency decrees which enables judicial review."
(Falls if amendment 22 is adopted)
Tabled by Ms Ute FINCKH-KRÄMER, Ms Doris BARNETT, Mr Frank SCHWABE, Mr Stefan SCHENNACH, Ms Anne BRASSEUR
In the draft resolution, paragraph 10.4, after the word "prosecutors", insert the following words:
", as well as other civil servants,"
11The Assembly recalls its Resolution 2178 (2017) on the implementation of judgments of the European Court
of Human Rights and calls on all member States of the Council of
Europe to fully implement the Court’s judgments and give political
priority to those which reveal a strong need to carry out comprehensive
reforms of the judicial system.
Tabled by Ms Olena SOTNYK, Mr Vladyslav GOLUB, Mr Nigel EVANS, Dame Cheryl GILLAN, Mr Jarosław OBREMSKI, Mr Kostiantyn USOV, Mr Serhii KIRAL, Mr Arkadiusz MULARCZYK, Mr Viktor VOVK
In the draft resolution, at the end of paragraph 11, insert the following words:
"The Assembly regards with great disappointment the fact that, in 2015, the Russian Federation introduced a legal instrument to enable the overturning of rulings by the ECHR."
12The Assembly calls on all member States to promote a legal
and political culture conducive to the implementation of the rule
of law, in conformity with the underlying principles of all Council
of Europe standards.
