SENATE RESOLUTION no. 182 UNIVERSITY OF WARSAW
March 21, 2007
concerning the law on lustration
The Senate of the University of Warsaw expresses reservations of a legal and constitutional nature in regard to the provisions of the law of October 18, 2006 (with its subsequent amendments) on disclosing to the public information on state security documents from the period of 1944-1990, and also the subject-matter of those documents.
Of particular dubiousness is the ban the law introduces on holding public office for the reason of not having submitted a declaration, as this ban violates the constitutionally guaranteed freedom of teaching and of scientific research. In our opinion, the law on lustration violates the right to work. It deprives of that right persons for whom there is no connection at all between their past or not submitting a lustration declaration and the work they perform. No one can be obliged to testify against him or herself, nor can such a declaration alone entail evidence of guilt. Neither may any organ of public authority, including the Institute for National Remembrance, publicize personal information without the possibility for the interested party to oppose the same. Nor can that person be denied access to documents that concern them. The law violates the right to a fair trial.
Because of these serious reservations, the Senate of the University of Warsaw expresses its conviction that any and all action in connection with carrying out the law on lustration must be halted. Moreover, the Senate appeals to Poland's Ombudsman to immediately undertake measures appropriate to that end.
At the same time the Senate of the University of Warsaw calls upon the Republic of Poland's President, Senate, and Delegates to the Sejm to initiate with utmost haste an amendment of the law. At the very least, this amendment should be targeted at suspending all implementation of the provisions of the law (including submission of lustration declarations) until the law's accord with the Constitution of the Republic of Poland is resolved.
Chair of the Senate
of the University of Warsaw
Professor Katarzyna Chałasińska-Macukow
Added: 11.06.2007 10:15:07 Last actualized: 11.06.2007 10:15:07
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