Newsletter 12-16 March 2018
MAIN MATTERS
The CHR has withdrawn from the Constitutional Tribunal his application concerning the rules of conducting surveillance by the country’s special services. Adam Bodnar does not see a chance for independent and substantive consideration of the application by the Tribunal because of the lack of independence. The Commissioner maintains that the rules infringe the rights of citizens. (more)
The provisions of the Act on the Institute of National Remembrance, providing for the possibility to prosecute statements that Polish people were co-responsible for crimes of the second World War, as challenged by the President of Poland, are not consistent with the Constitution, stated the CHR and joined the proceedings before the Tribunal pursuant to the claim submitted by President Andrzej Duda. (more)
Adam Bodnar critically assessed the planned changes in the principles of public-purpose fundraising actions among citizens, as in his opinion the changes will increase the possibility of the authorities’ oversight over such actions. Today in Poland such actions do not require the consent of the Ministry of the Interior and Administration but only the submission of a notification. (more)
THE COMMISSIONER ON CITIZENS’ ISSUES
Blocking or deleting user accounts and comments by social network websites may be considered violation of the freedom of speech, said the CHR. (more)
The Commissioner points out that in some housing cooperatives the highest decision-making body is still the assembly of representatives rather than the general assembly of all members as required by the relevant Act of 2007. (more)
Patients should have the possibility to consent to medical procedures that may have to be carried out in the future, in case they are unable to express the consent then, proposed the CHR. (more)
Before the GDPR’s entry into force on 25 May, the principles of video surveillance need to be urgently regulated, warned Adam Bodnar. (more)
According to the CHR, Polish citizens living abroad should have the possibility to submit pleadings in civil proceedings to Polish courts also through the Polish consul in a given country. (more)
The CHR is looking into the case of an assault against a licensed Italian tour guide who guided groups visiting the Auschwitz former German death camp. (more)
LEGISLATION
Due to poor air quality, Zakopane did not have the right to charge the so-called health resort tax from tourists, has ruled the Supreme Administrative Court. (more)
The Voivodeship Administrative Court annulled the Warsaw City Council resolution on the size of fees charged in 2017 for towing cars parked outside parking spaces to a guarded car park. (more)
In the digital era, unconscious infringement of copyright should not entail the same liability as purposeful infringement: Adam Bodnar proposed to amend relevant legislation. (more)
The CHR supports a change of the legislation that provides for 3 years of imprisonment for failure to report a serious crime to law enforcement authorities. (more)
The lack of possibility to challenge a second-instance court decision concerning suspension of proceedings in a case of crime may be against the constitutional right to defence, stated the Commissioner. (more)
THE CHRONICLE
The former chairman of the Human Rights Commission in Russia, Sergei Kovalov, PhD, has been awarded the Honoris Causa doctorate by the University of Warsaw. Adam Bodnar took part in the award ceremony. (more)
Risks to lawyers’ professional secrecy were the subject of an expert seminar held at the CHR Office and focused on solutions for releasing lawyers and legal advisers from the obligation to maintain professional secrecy. (more)