Establishments of a modern strategy of enforcement of ETPC decisions in Poland

The objectives of the task and the request to introduce it

The number of ECHR judgments in cases where Poland is organization to the supervision procedure of the Committee of Ministers of the Council of Europe is expanding again. In 2020, the number of specified judgments was 89, while at the end of 2023 it was 131, and as of 4.12.2024 it reached 163. This problem is due to an unfavourable balance of affirmative decisions in relation to negative decisions and a long period of execution, sometimes over 20 years. As key problems, a advanced number of sentences are indicated for the Polish government and a long period of implementation.

In the framework of the Polish Republic Action Plan on the Restoration of the regulation of Law, adopted on 19.2.2024, The Polish government has undertaken to make a fresh organization strategy for the implementation of ETPC judgments. This strategy will take into account the recommendations of the Council of Europe Committee of Ministers and resolutions of the Parliamentary Assembly of the Council of Europe.

Key assumptions of the proposed law

Coordination mechanics for the implementation of ETPC decisions in Polish matters

The proposed law provides for introduction of a statutory coordination mechanics for the enforcement of ETPC judgments in Polish matters. The adoption of specified a solution will let for a more precise definition of the obligations and principles of cooperation between individual national authorities in the enforcement of judgments. The proposed solution will let the coordination body to grow its scope of action and will oblige all public authorities to cooperate in the implementation of judgments.

Addressing cognition and competence problems

The intent of the proposed law is to address problems related to the deficiency of cognition of public authorities and entities performing public tasks on how to proceed after the judgement of the ECHR and their obligations in the process of carrying out it. The task envisages introduction of educational and information toolsto let the applicable institutions to respond more effectively to the judgments of the ECHR.

Strengthening the function of the coordinating body

The proposed bill aims to improving the efficiency of the tools at the disposal of the coordinating body, specified as indicating the competent authorities to take action and defining possible ways and deadlines for the execution of the judgment. The mechanisms introduced are intended to guarantee better monitoring and supervision of the implementation of the ETPC decisions.

Cooperation between public entities

Introduction obligations to cooperate with public entities The aim is to regulate the payment process of compensation ordered by the ETPC and to reduce the number of complaints communicated by the ETPC against Poland. This cooperation will be crucial for the efficient and effective execution of judgments.

Formalisation of the ETPC Group

The ETPC team, presently operating under the order of the Prime Minister, will be formally appointed to the abroad Minister. It will exercise its opinion and advisory functions in the process of executing judgments. This squad will play a key function in monitoring the implementation of outstanding judgments and in proposing fresh systemic solutions.

Prioritising the implementation of outstanding judgments

Project assumes the introduction of a mechanics to pay peculiar attention to decisions in the process of long-term enforcement. This will let for a more effective solution to the problems of past judgments and velocity up their implementation.

Amendments to circumstantial laws

According to the assumptions presented, the bill provides for a number of amendments to circumstantial laws. Firstly, it will be confirmed that the abroad affairs department includes coordination of enforcement of judgments of global courts and tribunals (excluding EU courts). Secondly, the Minister for abroad Affairs will gain access to the files of administrative courts, the Constitutional Court, the ultimate Court and to the administrative and criminal taxation proceedings. Furthermore, the Act confirms the powers of the Sejm, the Polish legislature and the Ombudsman to make proposals for the enforcement of judgments.

The importance of the task for the regulation of law in Poland

The proposed law represents an crucial step towards an effective coordination strategy that allows faster and more effective execution of judgments, reducing the number of fresh complaints and strengthening cooperation between public authorities. The implementation of these assumptions will contribute to improving the global image of Poland and to effective fulfilment of global obligations.

Legislative phase

The assumptions of the draft law on the enforcement of the judgments of the European Court of Human Rights were published in a list of legislative and programming works of the Council of Ministers. According to the information provided, the planned deadline for the adoption of the task by the Council of Ministers is Q1 2025.