Helsinki Committee in Poland, on July 3, 2007 took a position on the stance of the Polish authorities regarding the Charter of Fundamental Rights of the European Union. The HC members wrote:”The Helsinki Committee was saddened and anxious to learn that the Polish delegation at the Brussels Summit undertook initiatives clearly intended to take away from citizens in Poland a portion of the rights that would be guaranteed under the Charter.” (05-JUL-07)
POSITION
Warsaw, 4.07.2007
President of the Republic of Poland
Lech Kaczynski
Dear Mr. President:
On July 3, 2007, the Helsinki Committee in Poland took a position on the stance of the Polish authorities regarding the Charter of Fundamental Rights of the European Union.
The Helsinki Committee was saddened and anxious to learn that the Polish delegation at the Brussels Summit undertook initiatives clearly intended to take away from citizens in Poland a portion of the rights that would be guaranteed under the Charter.
The Polish representatives reserved that the Charter would not impact in any way – as outlined in a special declaration – “the right of Member States to legislate in the sphere of public morality, family law as well as protection of human dignity and respect for human physical and moral integrity” in Poland. Government representatives felt this was required to assure better guarantees in matters of morality and religion.
The Polish government also does not exclude joining the special declaration submitted by the United Kingdom. Should Poland join the declaration, it would mean, inter alia, that the EU Charter of Fundamental Rights would apply in Poland only to “the institutions and bodies of the Union with due regard for the principle of subsidiarity”, but would not apply to national authorities “when they are implementing Union law”. This especially concerns Chapter IV of the Charter entitled “Solidarity,” which, among other things, refers to protection in the event of unjustified dismissal, particularly of mothers during maternity leave, right to fair and just working conditions, social
security and social assistance, as well as health care.
This position of the Polish authorities will meet even more opposition because declarations of high importance to citizens were made without prior public debate and consent. In an area where Union law applies, Poland has a duty to secure citizens all rights guaranteed in the Charter without exception, to the same level as other countries of the European Union.
Rejection of the Charter would constitute a fundamental change in Poland´s membership of the European Union and therefore, in our opinion, would require a national referendum.
On behalf of the Helsinki Committee in Poland,
Marek Antoni Nowicki
