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Parliamentary questions
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20 September 2016
Answer given by Ms Jourová on behalf of the Commission
Question reference: E-004851/2016

Following a preliminary analysis of the text of the law mentioned by the Honourable Members, which has since then been approved by the Polish Parliament and signed by the Polish President, the Commission has no indications that the provisions contained therein related to the criminalisation of terrorist offences would be incompatible with EU rules on combating terrorism.(1)

As regards the right to protection of personal data enshrined in the EU Charter of Fundamental Rights, the rules on personal data processing activities by police and criminal justice authorities for law enforcement purposes, contained in this law, fall within the scope of the recently adopted Directive (EU) 2016/680 which Member States will have to transpose by 6 May 2018.

The Commission remains engaged in a structured and cooperative exchange with the Polish authorities under the rule of law Framework(2). The dialogue seeks to ensure an effective constitutional review of legislation by the Polish Constitutional Tribunal. Ensuring that the Constitutional Tribunal can fully play its role is particularly important for the scrutiny of compliance with fundamental rights of legislation, including of the legislation in question.

(1)Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism, as amended by Council Framework Decision 2008/919/JHA of 28 November 2008.

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