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Amendment No. 38 | Doc. 15025 | 27 January 2020

The functioning of democratic institutions in Poland

Signatories: Mr Frank SCHWABE, Germany, SOC ; Ms Rósa Björk BRYNJÓLFSDÓTTIR, Iceland, UEL ; Ms Doris BURES, Austria, SOC ; Ms Ria OOMEN-RUIJTEN, Netherlands, EPP/CD ; Mr Stefan SCHENNACH, Austria, SOC ; Ms Petra STIENEN, Netherlands, ALDE

Origin - 2020 - First part-session

In the draft resolution, replace the last sentence of paragraph 16 with the following sentences:

"Also concerned by the compliance of these reforms with the Convention on Human Rights, in particular article 6 and article 10, the Assembly resolves to assess the situation during the June 2020 part session. The Assembly will assess progress on the recommendations made by the Venice Commission and by this Assembly as contained in this resolution. The Assembly resolves to return to this issue during the June 2020 part session to assess the progress made with implementing the recommendations made by the Assembly in this resolution and in particular with regard to:

- the reform of the prosecutor's office such that it becomes independent of political interference;

- the reform of the National Council of the Judiciary, making sure that it is a genuinely independent institution and its members are appointed in line with European standards;

- the reform of the Common Courts and the Supreme Court;

- the implementation of all judgements by the European Court of Justice;

- the withdrawal or reversal of the controversial amendments on the Law on the Common Courts, the Law on the Supreme Court, as well as other laws adopted by the Sejm on 23 January 2020.

In the unfortunate event that no or little tangible progress has been made on implementing the Assembly's recommendations by June 2020, the Assembly reserves the right to consider opening a full monitoring procedure with regard to Poland at that time."