dr Jarosław Sułkowski

Constitution of the Republic of Poland

the Act of 15 July 1987 on the Commissioner for Human Rights

LEGAL ACTS

APPOINTMENT

citizen of Poland,

having legal knowledge, professional experience and high authority owing to their moral qualities and social sensitivity.

REQUIREMENTS FOR THE POSITION OF COMMISSIONER FOR HUMAN RIGHTS

• Five years, counting from the date the oath is made before the Sejm

• The same person cannot hold the office more than twice.

TERM OF OFFICE

• Who removes the Commissioner before the end of the term of office?

•SEJM

REMOVAL

• When?• if he or she:1) renounced performing the duties,2) became permanently incapable to perform obligations as a

result of illness, disability or lower strength – observed with a medical certificate,

3) made an untrue lustration statement, observed with a final and binding court decision.

4) diverted from the oath made.

REMOVAL

• How?• The Sejm shall adopt a resolution on removal of the

Commissioner in the case specified in points 1-3, on the request of the Marshal of the Sejm,

• and• in cases specified in point 4, on the request made by the

Marshal of the Sejm or a group of at least 35 deputies

• with a majority of at least 3/5 votes in the presence of at least half of the statutory number of deputies.

REMOVAL

shall guard human and civic freedoms and rights specified in the Constitution and other legal acts;

shall be autonomous and independent from other state bodies and shall be held responsible only before the Sejm as stipulated by the Law;

LEGAL STATUS

shall not be affiliated with any political party, trade union and shall not perform any public activities which could not reconcile with the dignity of his office;

the office of the Commissioner of Human Rights shall not be held jointly with the mandate of a Deputy;

LEGAL STATUS

shall not be subject to penal liability nor shall be deprived of liberty without the earlier consent of the Sejm. The Commissioner for Human Rights may not be detained or arrested, with the exception when caught red-handed in the illicit act, on the condition that his detention is indispensable to secure appropriate proceedings. The detention shall be immediately notified to the Speaker of the Sejm, who may order immediate release of the detainee.

LEGAL STATUS

• The Commissioner may also:approach the relevant agencies with proposals for legislative initiative, or for issuing or amending

other legal acts concerning the liberties and rights of a human and a citizen,approach the Constitutional Tribunal with motions mentioned in Art. 188 of the Constitution,report his participation in the proceedings before the Constitutional Tribunal in the cases of

constitutional complaints and take part in those proceedings,request the Supreme Court to issue a resolution aimed at explaining legal provisions that raise

doubts in practice, or application of which has resulted in conflicting judicial decisions.

PERMISSIONS

200020012002200320042005200620072008200920102011201220132014

0 5 10 15 20 25 30

MCC

Motions to the Constitutional Tribunal (M) and constitutional complaints, which proceeded Commissioner (CC)

Right to apply to the Commissioner for Human

Rights for assistance in the protection of freedoms or

rights

• In accordance with principles specified by the statute, everyone shall have the right to apply to the Commissioner for Human Rights for assistance in the protection of his freedoms or rights infringed by organs of public authority.

ART. 80. OF THE CONSTITUTION

on the request of citizens or their organisations,on the request of local government bodies,on the request of the Ombudsman for Children,on his or her own initiative.

The Commissioner for Human Rights undertakes suitable activities:

free from fees,do not require a special form

• but • should contain the indication of the applicant and the person to whose

freedoms and rights the case applies, it should also define the subject matter of the case.

Motions directed to the Commissioner

take the case,indicate measures of action attributed to the applicant,transfer the case as appropriate,do not take the case.

The Commissioner, having become familiar with each motion addressed to him, may:

54%

31%

15%

indicate measures of ac-tion attributed to the applicanttake the caseother

Statistics

conduct an investigation on his own,apply to competent authorities to examine the case

or its part, in particular to supervisory authorities, the prosecutor's office, state, professional or social control,

apply to the Polish Sejm to order the Supreme Audit Office to conduct an inspection to examine a specific case or its part.

Taking the case, the Commissioner may:

explain to applicant that no infringement of liberties and rights of a human and a citizen has been found,

refer to the agency, organization or institution whose activity has been found to have caused an infringement of the liberties and rights of a human and a citizen; such motion may not, however, infringe upon independence of the judiciary,

request an agency superior to the one referred to in point 2 to apply measures provided by law,

demand that proceedings be instituted in civil cases, and participate in any ongoing proceedings with the rights enjoyed by the prosecutor,

Having examined a case, the Commissioner may:

demand that preparatory proceedings be instituted by a competent prosecutor in cases involving offences prosecuted ex officio,

ask for instituting administration proceedings, lodge complaints to administrative court against administrative decisions and participate in such proceedings with the rights enjoyed by the prosecutor,

move a proposal for punishment as well as for reversal of a valid decision in proceedings involving misdemeanor, under rules and procedures set forth elsewhere,

lodge cassation or extraordinary appeal against each final and valid sentence, under rules and procedures set forth elsewhere.

Statistics

77%

14%

9%

does not obtain the so-lutions expected by the applicantthe solution was sought by the applicantwithdrawal of cases

Thank you for your attention