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| - The European Commission voiced concern on Thursday over a deepening row in Poland on appointing a new human rights ombudsman -- a politically sensitive post associated with the transition from communism. The Constitutional Court in Warsaw earlier on Thursday ruled the current ombudsman, whose term expired months ago but who has remained on the job because lawmakers could not agree on his successor, can no longer stay in the position. "The European Commission is following closely and with concern the developments relating to the Polish ombudsman," Commission spokesman Christian Wigand told reporters in Brussels. "It is of paramount importance to ensure that this institution... remains independent, that its activity is not hindered, and that its effective operation is preserved," he said. The row has pitted the ruling populist right-wing Law and Justice Party (PiS) against opponents who accuse it of rolling back democratic rights. It comes amid a wider dispute over judicial reforms by the PiS government, viewed by critics, the European Commission and European courts as undermining judicial independence. The current ombudsman, Adam Bodnar, is a frequent government critic. He has stayed on after his term expired in September because multiple votes by lawmakers have failed to produce a successor. The role of human rights ombudsman dates back to the final years of communism and the independence of the office is often fiercely contested. Ombudsmen are appointed to five-year terms by lawmakers from both the lower and upper houses. The PiS and its smaller coalition partners hold a razor-thin majority in parliament and the Senate upper house is controlled by the opposition. Late Thursday, the parliament approved PiS lawmaker Bartlomiej Wroblewski as Bodnar's successor. However he still requires the approval of the senate, whose members had rejected the previous candidate backed by the PiS and are likely to do so again. The Constitutional Court said Thursday that Bodnar's extension was not compatible with the constitution. "The term of office is strictly defined and cannot be exceeded," said the ruling from a panel of five judges chaired by PiS-appointed Julia Przylebska. The ruling will be applicable three months after its publication Thursday in the official Journal of Laws, meaning that Bodnar can stay on for now. It is unclear what would happen if the senate rejects Wroblewski and no other replacement is found. Dunja Mijatovic, the Council of Europe's human rights commissioner, said the ruling created "a worrying gap" for protecting human rights in Poland. Speaking to senators ahead of the ruling, Bodnar said that "the current political power is seeking to extend its influence also in this area of activity of public institutions". "The constitution and civil rights are not dead yet, as long as we fight for them." dt-amj/mjs
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