Poland: Draft law on amendments to the law on Police and other acts

January 13th, 2016 § 0 comments

 On 12 January 2016, the CCBE sent a letter to Mr Marek Kuchciński, Marshal of the Sejm (speaker of the lower house of the Polish parliament) concerning the Polish draft law on amendments to the Act on Police and to other acts related to the state secret services, in particular, in relation to the regulation of data surveillance and data retention. These amendments are proposed as fulfilling the requirements laid down in the judgment of the Polish Constitutional Tribunal dated 30 July 2014. The particular concern of the CCBE is related to the provisions on access to information protected by the professional secrecy of advocates and legal advisers.

The CCBE considers that it is a fundamental element of the rule of law, including the right to a fair trial, the secrecy of a client’s communications with his lawyers should be inviolable. CCBE is concerned that the draft law does not fully respect fundamental principles laid down in the Convention and in the jurisprudence of the Court, and calls upon the Sejm of the Republic of Poland to ensure that amendments to the Act on Police and other Acts respect and guarantee the fundamental rights of its citizens and are compatible with principles of international law binding Poland, including, in particular, the European Convention of Human Rights, the Charter of Fundamental Rights of the European Union, and the case law of the European Court of Human Rights and of the Court of Justice of the EU respectively.

The full letter can be found here.

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