- November 29, 2012
What next with the petition about Poles in Lithuania?
The petition’s commission of European Parliament will open again soon the case of petition about language laws for Poles living in Lithuania(petition nr 358/2011). After intense deliberations in April of 2012 deputies of European parliament decided reconsidering the petition about the problem of un-obedience by Lithuania the rights of Polish Minority. Although Lithuania is a member of European Union and should respect the rights of minorities in their country. The decision was made notwithstanding the status of the European Commission and with the challenge by the Lithuanian side.
The petition titled “ The language laws of Poles living in Lithuania”(nr 358/2011) written by Tomasz Snarski lawyer from the Gdansk University. The petition is reconsidering by the commission of petitions for European Parliament since April 2011, which now will be one and a half on a year.Deputies of European Parliament are going to decide if some steps will be taken in this case and what to do next with the petition.
After the success in April in European Parliament when euro-deputies decided about reconsidering the petition there was again negative opinion about the case which was issued by European Commission.
The European Commission issued a comp opinion about the petition this action was made by order of European Parliament. Unfortunately, that opinion copies the first position where European commission do not see a possibility of intervention about the problem of Polish minority in Lithuania. In other words, the European Commission is running away from responsibility for obedience of respecting the human rights by the member of European Union.
We wstępnym opracowaniu Komisji Europejskiej, przygotowanym na potrzeby rozpatrzenia przez PE petycji o numerze 358/2011, zlekceważono istotę idei, na których opiera się prawo unijne, a które są spoiwem całego europejskiego porządku prawnego. Niestety, kolejne opracowanie KE w dalszym ciągu lekceważy wartości, dostrzegając jedynie, w sposób niepełny i nieprawidłowy, poszczególne zapisy traktatowe.
That position of European commission is not taking any criticism. On the basis of legal opinion, which was written by professor Zdzislaw Brodecki and Prof. Jerzy Zajadlo it says that in the context of fundamental basis of law for European Union there must be rejected any passive form of European union’s institution in approach for the capacity of European Union in domain of the fundamental law for the unit. This opinion was made for Leeds of Tomasz Snarski’s petition.
New answer given by European commission did not show Any attitude for the charges showed by Tomasz Snarski against Lithuania as a member of European Union. Analysis of un-obedience the laws of Act of European Union were dismissed. Here are the articles which were dismissed: article 2 and 3 and 4 from the bill 3 from the treaty on European Union; article 6 and 9 from the Treaty on European Union; 45 treaty of the function on the European Union, article 1 (human’s dignity), 14 (right to the education),15 part 2 ( freedom of choosing the profession and possibility to work in every member’s country), 20(justice equality ) and 22 ( respect among the cultural differences) of Base rights of European Union. Shown opinion is not essentially ful.
The position of European Commission is not obliging for Deputies of European Parliament. It is important that next steps which will be taken in this case should be rethought by deputies. They should think about the values and the European integration and not about solving fast the problem of Polish minority. It is also important to show that European Commission did not show its position of the arguments during the meeting of the Petition’s commission on April 24th 2012. Thos arguments were showed by Tomasz Snarski and by the representatives of the governments of other members of the European Union mainly by the speeches of the deputies.
The European Commission did not take account the solutions of article nr 2 of Treaty on the European Union where it shows in what range there is responsibility of every member to respect the right of persons who are part of the minorities especially of the native minorities.
Tomasz Snarski comments that European Union could take any steps to respect the human rights not only among its members but also among other countries. And European Union is doing it. Since institutions fund steps which help them to respect those laws among third – Word countries there should be also steps to do the same with the members of the European Union.
Will European Parliament help the Polish minority? Deputy of European Parliament Mr. Jaroslaw Walesa already proposed objection about possible ending of this case by European Parliament. There is only hope left that other members of the Petition’s commission will look again for the real problems of the Polish Minority in Lithuania.
Tłumaczenie Karolina Przybyło w ramach praktyk w Europejskiej Fundacji Praw Człowieka, www.efhr.eu. Translated by Karolina Przybyło the framework of a traineeship programme of the European Foundation of Human Rights, www.efhr.eu.