Commissioner for Human Rights

Information regarding the Commissioner for Human Rights activity in relation to the content of judgement of the Constitutional Tribunal


The Constitutional Tribunal in its judgment of 15 April 2021 (ref. no. K 20/20) ruled that Article 3(6) of the Act of 15 July 1987 on the Commissioner for Human Rights  stating that "The current Commissioner shall perform his duties until the new Commissioner takes office" is inconsistent with Article 209(1) in conjunction with Article 2 and in conjunction with Article 7 of the Constitution of the Republic of Poland. The Tribunal postponed the entry into force of the judgment for three months from the date of its publication in the Journal of Laws, i.e. until July 15, 2021.

During the period set by the Constitutional Tribunal's judgment, the Commissioner for Human Rights Adam Bodnar performs his duties, as do his deputies (Hanna Machińska, Maciej Taborowski, Stanisław Trociuk), in order to ensure that during this period the right of everyone to receive assistance from the Commissioner for Human Rights in protecting freedoms or rights violated by public authorities (Article 80 of the Constitution of the Republic of Poland) is effectively fulfilled.

The Commissioner is currently awaiting the delivery of the judgment of the Constitutional Tribunal, together with its reasoning, in order to determine the precise implications of this judgment for the daily work of the Commissioner's Office and for citizens seeking assistance in protecting their rights or freedoms.