Helsinki Foundation for Human Rights presented their opinion on Poland’s implementation of the judgment of the European Court of Human Rights in the case M.K. and Others v. Poland in front of the Committee of Ministers of the Council of Europe. In the judgment the European Court of Human Rights urged Poland to introduce procedural guarantees concerning access to the procedure for granting international protection.
Even though the judgment in the case of M.K. and Others v. Poland comes from the 23rd of July 2020, the Polish Government is still to take action to itroduce the recommendations into the legal order.
The Government explains the lack of actions aimed at implementing the general measures indicated in the judgment M.K. and Others v. Poland by the ongoing negotiations around the draft "New Pact for Migration and Asylum", announced by the European Commission on 23 September 2020. In the Foundation's opinion, however, the work on the Pact does not justify the government's inaction in establishing legal guarantees in access to international protection proceedings.