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