The resolution of the European Parliament on the judgement of the Constitutional Tribunal on eugenic abortion provoked many comments. It stated, inter alia, that “access to abortion is a human right”, which is contrary to international law. In many aspects, the EP also interferes with the sovereign powers of the Member States, for example, by calling for the “non-publication of the Constitutional Tribunal judgement”. The Ordo Iuris Institute was also defamed in the resolution. Therefore, the Institute announces that it will submit a request to the Court of Justice of the EU and bring proceedings against the European Union.
The resolution “on the de facto ban on the right to abortion in Poland” (2020/2876 (RSP)) was presented as the EP's response to the judgement of the Polish Constitutional Tribunal, which on 22 October stated that eugenic abortion is unacceptable under the Polish Constitution. The document was submitted by a group of MEPs and Robert Biedroń was its rapporteur. The text of the adopted resolution, and even its title, raise serious concerns both in the light of the EU's lack of competence in the matter of the applicable law protecting life in a Member State, as well as numerous ideological references and opinions proving a complete misunderstanding of not only the political but also legal situation in Poland.
The resolution uses the term “reproductive and sexual rights” many times, although it is not in fact included in any binding international treaty. Most often, under its guise, people try to push through acceptance for abortion, vulgar sex education or 'gender' ideology. Despite this, the EP accuses Poland of breaking these “rights” and derives them, inter alia, from the Charter of Fundamental Rights and the European Convention on Human Rights, although there is no such phrase in these documents.
Likewise, the EP states, in a completely unlawful manner, that “access to abortion is a human right”. In fact, abortion has never been recognised as a human right and this is due to the deliberate and consistent opposition of various states which have repeatedly opposed attempts to create such a law at the international level. Neither international nor Polish law treats and has never treated abortion as a human right. On the contrary, both legal orders uphold the right to live (including Article 38 of the Polish Constitution, Article 3 of the Universal Declaration of Human Rights, Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Article 6 of the International Covenant on Civil and Political Rights and Article 6 in connection with the preamble to the Convention on the Rights of the Child). Recently, several dozen countries (including some EU Member States) signed the Geneva Declaration, which once again made it clear that there is a strong voice against attempts to see abortion as a human right.
It is worth to mention that regulations related to both the abortion, which takes lives of the unborn, and legally protecting their life are an exclusive competence of the EU Member States. Any attempt to influence these regulations and especially undermine them is unacceptable. The European Commission has repeatedly confirmed that EU Members States' decision on this issue is exclusive and sovereign.
Ordo Iuris indicates powers and tasks of the Constitutional Tribunal and why the attempt by the EP to “condemn” the judgement on eugenic abortion cannot affect its validity. Similarly, the EP's appeal to “not publish the Constitutional Tribunal's ruling” is an encouragement to violate the Polish Constitution, which directly orders the publication of the rulings of the Constitutional Tribunal, does not provide for any exceptions to this rule and states that rulings of the Constitutional Tribunal are final.
The above-mentioned EP resolution also included an attack on the Ordo Iuris Institute. The organisation was accused in the resolution of alleged “fundamentalism” and “close ties to the government”. This is a clear violation of the Institute's rights and the applicable treaty law of the EU. Therefore, soon the Court of Justice will receive a motion for a declaration that the Parliament's resolution is incompatible with the primary law of the European Union. The Institute also announced that it will bring proceedings against the European Union.
“The resolution of the European Parliament violates the treaty law of the European Union and is a completely illegitimate attempt to exert political pressure on Poland. In the name of ideological postulates that are not justified by the applicable international law, authors of the resolution are trying to undermine the independence of the judiciary in Poland. The Ordo Iuris Institute will take legal steps to show the extremely manipulative nature of the claims contained in this document,” said Anna Kubacka, an analyst at the Ordo Iuris Center for International Law.
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