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Polish Ombudsman

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Commissioner for Human Rights
Rzecznik Praw Obywatelskich (Polish)
Incumbent
Marcin Wiącek
since 23 July 2021
AbbreviationRPO
Member ofGANHRI (A status)[1]
Reports toSejm
AppointerSejm (with Senate's approval)
Term lengthFive years
Constituting instrument
Formation15 July 1987[2]
First holderEwa Łętowska
Unofficial namesPolish Ombudsman
Deputy
  • Stanisław Trociuk
  • Valeri Vachev
  • Wojciech Brzozowski[3]
Websitebip.brpo.gov.pl/en Edit this at Wikidata

The Commissioner for Human Rights (Polish: Rzecznik Praw Obywatelskich, RPO)[a] is a Polish ombudsman, an official appointed for a five year term by the Sejm with an approval of the Senate (respectively lower and upper houses of Polish legislature). Commissioner's responsibility is to protect civil and human rights implied by the Constitution of Poland and other legislative acts.[6]

The post was first established in 1987 by the act of parliament[2] and since 1997 Constitution has been in force it has become a constitutional body.[6]

Responsibilities and powers

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Polish law entrusts the ombudsman with four responsibilities with respect to citizen rights:

  • prevention
  • diagnosis
  • monitoring
  • creativity

The ombudsman, deputies and the office protect the freedom and rights of the people. They monitor current events. In case they find that due to intentional actions (or lack thereof) by agencies, organizations or institutions which are duty bound to respect freedoms and rights of the people, these freedoms and rights were violated, they undertake action. In such cases, they can act on behalf of the people in courts. The office can undertake such actions only if a thorough analysis of the situation shows that the rights or the freedoms of the people were infringed, and only if such analysis recognizes the need for the ombudsman to be involved in a case. The people have the right to ask the ombudsman for intervention.

Appointment and recall

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  • The ombudsman is elected by an act of Sejm and has to be accepted by the Senate.
  • The term of office is five years long and the same person cannot hold the office more than twice.
  • Sejm has the right to recall the ombudsman with a 3/5 majority before the end of term.

The ombudsman election and status conflict 2020-2021

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In September 2020, the term of office of the incumberent ombudsman (Adam Bodnar) was supposed to expire, but the Sejm and the Senate had not agreed on a successor. This was an unforeseen complication. The Polish law did not provide for an interim office in case the term. The incumbent Ombudsman thus remained in office, awaiting the appointment of a new one.[7]

However, for five months, the two parliament chambers did not succeed to agree on a successor, in spite of several tries. Twice the Sejm (where the parties in government were in majority) voted down the opposition candidate, the lawyer[7] Zuzanna Rudzińska-Bluszcz [pl]. Once the Sejm appointed the government's candidate, Deputy Foreign Minister Piotr Wawrzyk, who however was not confirmed by the Senate (where the opposition parties were in majority).[8]

On 15 April 2021 the Polish Constitutional Tribunal which has been controlled by the governing Law and Justice party almost since it took power in 2015, decided that Bodnar could stay in office as a temporary Ombudsman until a new one was elected, but only for a short time, and that he anyhow must vacate the office after at most three further months.[9] The same day, the Sejm appointed government candidate Bartłomiej Wróblewski as new ombudsman, to be considered for approval by the Senate (with 240 MPs voting "for", 201 "against", and 11 abstaining).[8]

List of Polish Ombudsmen

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No. Portrait Name From To
1. Ewa Łętowska 1 January 1988 13 February 1992
2. Tadeusz Zieliński [pl] 13 February 1992 8 May 1996
3. Adam Zieliński 8 May 1996 30 June 2000
4. Andrzej Zoll 30 June 2000 15 February 2006
5. Janusz Kochanowski 15 February 2006 10 April 2010
6. Irena Lipowicz [pl] 21 July 2010 9 September 2015
7. Adam Bodnar 9 September 2015 15 July 2021
— Stanisław Trociuk [pl]
Acting 		16 July 2021 23 July 2021
8. Marcin Wiącek [pl] 23 July 2021 Incumbent

Notes

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  1. ^ lit. 'Ombudsman for Citizens' Rights'. Also referred to in English as the 'Commissioner for Citizens' Rights'[4] or simply 'Polish Ombudsman'.[5]

References

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  1. ^ "Membership - GANHRI". ganhri.org. Retrieved 29 November 2023.
  2. ^ a b c "Ustawa z dnia 15 lipca 1987 r. o Rzeczniku Praw Obywatelskich" [Act of July 15, 1987 on Commissioner for Human Rights]. Dz.U. 1987 nr 21 poz. 123, Dz.U. 2023 poz. 1058 (amended text) (in Polish). Retrieved 29 November 2023.
  3. ^ "Deputy Commissioners | Commissioner for Human Rights". bip.brpo.gov.pl. Retrieved 29 November 2023.
  4. ^ "Senate of the Republic of Poland / About the Senate / The Constitution / Chapter IX". senat.gov.pl. Retrieved 28 November 2023.
  5. ^ "Polish authorities should ensure the continuity, independence and effectiveness of the Ombudsman institution - Commissioner for Human Rights". coe.int. Retrieved 29 November 2023.
  6. ^ a b "Constitution of the Republic of Poland". 2 April 1997. Articles 208–209. Dz.U. 1997 nr 78 poz. 483 (in Polish). Retrieved 28 November 2023.
  7. ^ a b Mularczyk, Chris (9 September 2020). "Analysis: Ombudsman term of office expires, but he is staying in office". Poland In. Retrieved 25 December 2020.
  8. ^ a b "Lower house appoints new ombudsman". Poland In. 16 April 2021. Retrieved 19 April 2021.
  9. ^ Zalan, Eszter (16 April 2021). "Polish court pushes out critical ombudsman". EUobserver. Brussels. Retrieved 19 April 2021.
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