Report

Final Opinion on the Draft Act Amending the Act on the Commissioner for Human Rights of Poland

The Opinion notes that the existing Polish legal framework fails to provide sufficient safeguards to protect the Commissioner for Human Rights of Poland and his or her staff from civil, administrative and criminal liability for all acts performed in good faith in their official capacities (“functional immunity”). Moreover, the Draft Act does not indicate with sufficient clarity the modalities and criteria to be taken into account by the Sejm (Polish Parliament) to ensure the fairness, transparency and impartiality of the procedure for lifting the Commissioner’s immunity in the context of criminal proceedings.

Date:: 17 February 2016
Source:: OSCE Office for Democratic Institutions and Human Rights
Publisher:: Organization for Security and Co-operation in Europe
Our work:: Democratization

English Polski

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The views, opinions, conclusions and other information expressed in this document are not given nor necessarily endorsed by the Organization for Security and Co-operation in Europe (OSCE) unless the OSCE is explicitly defined as the Author of this document.

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Legal Opinions and Comments

11 June 2014

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OSCE Office for Democratic Institutions and Human Rights

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