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Legal Opinions and Comments

  • 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.
    Report
    17 February 2016
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  • Preliminary Opinion on the Draft Act Amending the Act on the Commissioner for Human Rights of Poland
    The scope of this Preliminary Opinion covers only the Draft Act submitted for review, which will also be reviewed within the framework of other provisions of the Act on the Commissioner for Human Rights, as appropriate and relevant. Thus limited, the Opinion does not, however, constitute a full and comprehensive review of the entire legal and institutional framework regulating the protection and promotion of human rights and fundamental freedoms in Poland.
    Report
    27 January 2016
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  • Joint Interim Opinion on the Law of Ukraine on the Condemnation of the Communist and National Socialist (Nazi) Regimes and Prohibition of Propaganda of Their Symbols
    The scope of this Joint Opinion only covers Law no. 317-VIII, submitted for review by the Parliamentary Assembly of the Council of Europe. It is therefore limited and does not constitute a full and comprehensive review of all the legal acts that were amended by Law no. 317-VIII. This Joint Opinion also does not address the other three laws, together with which Law no. 317-VIII formed a so-called “decommunisation package”, which is the term often applied to the process of dismantling communist legacies in post-communist States.
    Report
    21 December 2015
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  • Opinion on the Draft Amendments to Certain Provisions of the Criminal Code of Poland
    Report
    3 December 2015
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  • Opinion on the Qualification Assessment Procedure of Judges of Ukraine
    The scope of this Opinion covers only the Qualification Assessment Procedure and Judicial Dossier Regulation, submitted for review. Thus limited, the Opinion does not constitute a full and comprehensive review of the entire legal and institutional framework governing the judicial system of Ukraine and the status and evaluation of judges.
    Report
    12 November 2015
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  • Annex to Opinion on the Qualification Assessment Procedure of Judges of Ukraine (Procedure and methodology for qualification assessment of a judge)
    Attachment
    12 November 2015
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  • Annex to Opinion on the Qualification Assessment Procedure of Judges of Ukraine (Regulation on the Procedure of Maintenance of the Judicial Dossier)
    Attachment
    12 November 2015
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  • Joint Opinion on the Draft Amendments to Some Legislative Acts Concerning Prevention of and Fight Against Political Corruption of Ukraine
    On 22 July 2015, Mr Yehor Soboliev, the Chairperson of the Committee on Corruption Prevention and Counteraction of the Verkhovna Rada (Parliament) of Ukraine sent a letter to the OSCE Office for Democratic Institutions and Human Rights (hereinafter “OSCE/ODIHR”), in which he asked for a review of draft amendments to Some Legislative Acts of Ukraine Concerning Prevention of and Fight against Political Corruption (CDL-REF(2015)031), (hereinafter “the draft amendments”) to assess their compliance with international human rights standards. The draft amendments propose changes to seven different Ukrainian legal acts, namely the Code of Administrative Offences, the Criminal Code of Ukraine, the Law on the Accounting Chamber, the Law on the Elections of the President of Ukraine (hereinafter “Presidential Election Law”), the Law on Political Parties of Ukraine (hereinafter “Political Parties Law”),the Law on Election of Members of Parliament of Ukraine (hereinafter “Parliamentary Elections Law”) and the Law on Prevention of Corruption (hereinafter “AntiCorruption Law”).
    Report
    26 October 2015
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