Training sessions on the use of the checklist for compliance with the Charter of Fundamental Rights of the EU in the implementation of EU funds

Date of article: 10/03/2024

Daily News of: 22/03/2024

Country:  Poland

Author: Polish Ombudsman

Article language: en

On 20-23 November, training sessions were held in Gdansk and Katowice on the use of the Charter of Fundamental Rights checklist in the implementation of EU funds.
Participants had the opportunity to learn more about the mechanism of applying the Charter of Fundamental Rights in the process of allocating EU funds. A guide to the use of the compliance checklist was also developed during the training.
The training was attended by representatives of institutions managing EU funds, monitoring committees and observers of the implementation process.
The training was part of the project "Supporting National Human Rights Institutions in monitoring fundamental rights and the fundamental rights aspects of the rule of law " implemented by the Office of the Commissioner for Human Rights and other project beneficiaries with the lead partner - the European Union Agency for Fundamental Rights (FRA), funded by the EEA and Norway Grants Fund for Regional Cooperation. The project aims to strengthen the role of national human rights institutions in the promotion and protection of fundamental rights and the rule of law in selected beneficiary countries by providing them with advice and institutional support, as well as building their capacity in EU law, with particular emphasis on the Charter of Fundamental Rights of the European Union.

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They violate the Constitution, international law and EU law. Further complaints by the Commissioner for Human Rights against "anti-LGBT" resolutions. Four of them invalidated

Date of article: 29/02/2024

Daily News of: 08/03/2024

Country:  Poland

Author: Polish Ombudsman

Article language: en

The Commissioner for Human Rights Marcin Wiącek has filed complaints against several local resolutions labelled as "anti-LGBT", citing violations of the Constitution, international law and EU law. He criticises the resolutions for violating constitutional rights such as freedom of expression and non-discrimination, as well as EU laws protecting against discrimination on the grounds of sexual orientation and gender identity. The Commissioner stresses that while the legal and ideological debate surrounding LGBT people is legitimate, it must respect contemporary human rights standards, avoid discrimination, and respect human dignity. Wiącek also claims that the resolutions overstep the powers of local authorities and create a hostile environment for LGBT people.
The Commissioner also reminds of the measures taken by the European Commission, including the suspension of EU funds to local governments that maintain discriminatory resolutions. The Commission's stance is in line with efforts to uphold the principles of non-discrimination and human rights within the European Union.
Previously, following the Supreme Administrative Court's ruling of 28 June 2022, in which the Court found that the resolutions had been adopted without legal basis and were invalid due to a gross violation of the law, the Commissioner addressed all authorities where such resolutions were still in force. In letters to 24 municipalities and 12 districts, the Commissioner indicated that the authorities should take into account the legal assessment of these resolutions by the administrative courts. As a result, some local authorities repealed or revised the discriminatory resolutions (30 local authorities). Others maintained their positions.
Subsequently, the Commissioner filed complaints to the provincial administrative courts against six resolutions that remained in force. In January 2024, four of these six resolutions were annulled by the administrative courts - those in Kock, Świdnik, Zakrzówek and Potworów.

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The Committee on Justice and Human Rights of the Sejm took note of the information on the activities of the CHR in 2022

Date of article: 01/02/2024

Daily News of: 07/02/2024

Country:  Poland

Author: Polish Ombudsman

Article language: en

The Commissioner for Human Rights Marcin Wiącek presented a report on the activities of the Office of the Commissioner for Human Rights (OCHR) and the state of human and civil rights protection in Poland in 2022 at a meeting of the Sejm Committee on Justice and Human Rights on 25 January 2024. In his speech, he discussed the main issues related to human rights compliance, highlighting the Office's intervention activities and numerous complaints and petitions submitted to various institutions, including the Constitutional Tribunal and administrative courts.
Marcin Wiącek mentioned the statistical numbers relating to received complaints and advice provided by the OCHR, as well as detailed interventions on various legal issues such as care benefits, Swiss franc loans, or refugee rights. Of particular importance was the Office's involvement in issues related to the influx of refugees from Ukraine, changes in tax law under the Polish Deal, and amendments to the Executive Criminal Code.
During the discussion with parliamentarians, Wiącek answered questions on issues such as the situation in prisons, asylum policy, and the status of judges. He emphasised the need for legal reform, particularly in the light of rulings by the European Court of Human Rights and the Court of Justice of the European Union.
The final topic of discussion was the effective functioning of the Office and its structure. In this regard, the Commissioner noted the difficulties associated with budgetary and staffing constraints. He stressed the need to strengthen the OCHR financially, particularly in the context of its possible role as a whistleblower protection body.

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Summary Report on the Activities of the Commissioner for Human Rights in 2022

Date of article: 08/01/2024

Daily News of: 11/01/2024

Country:  Poland

Author: Polish Ombudsman

Article language: en

CHR Office published Summary Report on the Activities of the Commissioner for Human Rights in 2022.

"2022 was a complex and challenging year for the people of our country and the institution of the Commissioner for Human Rights. We started to recover from the health and social trauma caused by the COVID-19 virus pandemic. The problems regarding the judiciary remained unsolved and the related rulings of European courts were not implemented. The refugee crisis on the Polish-Belarusian border continued. In addition, new problems significantly impacting citizens and the functioning of the state emerged. They included the war in Ukraine, economic problems and perturbations connected with the implementation of the Polish Deal, and tightening of the Criminal Code provisions. The scale and consequences of these phenomena resulted in a record number of 75,239 applications received by the CHR Office." - wrote Marcin Wiącek in the Summary.

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