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| - Polish MPs prepared to vote for a fourth time on appointing a new human rights ombudsman on Thursday after the Constitutional Court ruled the current incumbent could no longer stay in the position. The role is highly politically sensitive in Poland and the row over a new nominee has pitted the ruling Law and Justice Party (PiS) against opponents who say it is eroding democratic rights. The current incumbent, Adam Bodnar, is a frequent critic of the government and has stayed on even after his term expired in September last year since MPs have not been able to agree on a replacement. The PiS and its smaller coalition partners hold a razor-thin majority in parliament and the Senate upper house is controlled by the opposition. 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 Constitutional Court on Thursday said 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 court's ruling will be applicable only after it is published in the official Journal of Laws, meaning that Bodnar can stay on for now. It is unclear what would happen if Bodnar is barred from the role and no replacement has been found. "Today's Constitutional Court ruling creates a worrying gap in the functioning of the Ombudsman institution in-between terms and the protection of human rights in Poland," Dunja Mijatovic, the Council of Europe's human rights commissioner, said in a statement. "A successor must urgently be selected fully respecting the Polish Constitution and law and international standards," she said. Speaking to senators on Wednesday 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". He said senators should find a replacement who could defend the independence of the office of ombudsman, calling theirs "a special responsibility for the future of the Polish state". "The constitution and civil rights are not dead yet, as long as we fight for them," he said. The controversy 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 and democratic standards. dt/mas/spm
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