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Civil society organisations on another “dissenting opinion” of Mariusz Muszyński

Almost 50 civic organisations and initiatives have issued a position statement on another “dissenting opinion” of Mariusz Muszyński appended to a decision of the Constitutional Tribunal, in which Mr Muszyński accuses the Polish Ombudsman, the Commissioner for Human Rights, of having “ethical shortcomings” and engaging in “illegal activism”.

Organisations’ statement

“We are very saddened by another unjustified attack perpetrated by Mr Mariusz Muszyński on Dr Adam Bodnar who has been diligently discharging the duties of the Commissioner for Human Rights”, the organisations write in the joint position statement.

“Mr Muszyński’s opinion, published as a dissenting opinion to the decision of the Constitutional Tribunal issued in case no. K35/16, is also detrimental to this crucial measure of judicial decision making, which serves as an opportunity to express legal dilemmas appearing in the practice of adjudication. His dissenting opinion satisfies neither the procedural nor substantive criteria of a valid dissenting opinion”, the statement reads.

Mariusz Muszyński’s opinion

In his submission, published as a dissenting opinion to a decision of the Constitutional Tribunal, Mr Muszyński not only alleged that the Commissioner for Human Rights “displays disrespect for the Constitution of the Republic of Poland” but also accused Dr Bodnar of “personal ethical deficiencies” and having “insufficient legal knowledge”. Mr Muszyński argues that the CHR submissions sent to the Constitutional Tribunal are based on “a twisted logic which is the starting point for conveying axiological reasoning that undermines the values such as the state…, religious freedoms, equality, national heritage, marriage, etc.”

Another attack against Ombudsman

This is yet another in the series of similar submissions made by Mariusz Muszyński as a dissenting opinion to a judgment of the Constitutional Tribunal. In May 2018, the Helsinki Foundation of Human Rights issued a position statement in which we opposed the accusations concerning the Commissioner’s alleged “violations” of his oath of office.

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