ODIHR stresses the importance of ensuring the independence, impartiality and effective functioning of Poland’s Constitutional Tribunal

WARSAW, 3 November – The OSCE Office for Democratic Institutions and Human Rights (ODIHR) is closely following recent developments regarding the Constitutional Tribunal of Poland, recalling the fundamental importance of ensuring the Tribunal’s independence, impartiality and effective functioning, in full accordance with the Polish Constitution, OSCE commitments and relevant international standards.

In this context, ODIHR emphasizes that effective access to constitutional justice must be guaranteed both in law and in practice. Individuals should have a meaningful opportunity to seek protection of their constitutional rights and to obtain effective remedies. Any developments that undermine the Tribunal's ability to fulfil its constitutional mandate risk weakening these essential safeguards, undermining public trust in the institution and eroding the protection of human rights.

Building on its longstanding engagement with the Polish authorities in addressing rule of law challenges, ODIHR wishes to underline the crucial importance of ensuring that any measures affecting the composition, independence or functioning of the Constitutional Tribunal are undertaken in accordance with international standards and with due regard for judicial independence, legal certainty and appropriate procedural safeguards.

ODIHR remains ready to support Poland's efforts to strengthen judicial independence and the rule of law, through the provision of technical expertise and engagement in inclusive dialogue with relevant stakeholders.