amendments. The Assembly reiterates again its full support for Georgia’s sovereignty and territorial integrity within its internationally recognised borders and deplores and condemns the recent killing of a Georgian citizen by Russian occupation forces;

4.6. with respect to Hungary, with reference to Resolution 2460 (2022), the Assembly reiterates its call on the Hungarian authorities to address the serious questions regarding the functioning of democratic institutions in the country as a result of the cumulative effects of measures that negatively impact the independence of the judiciary, the situation of media, and the transparency and accountability of State institutions. It takes note of the judicial reform, adopted after consultation with the European Commission in May 2023, with the objective to address some of these concerns. The Assembly notes that the “state of danger” was further extended until 23 May 2024 and reiterates its position that the use of special legal orders must be restricted to what is strictly necessary and proportionate and must be limited in time. The Assembly calls on the Hungarian Parliament to postpone the consideration of the legislative package on “defense of sovereignty” until an opinion has been issued by the Venice Commission, and to fully address any of the Commission’s concerns and recommendations both in letter and in spirit;

4.7. with respect to the Republic of Moldova: with reference to Resolution 2484 (2023), the Assembly welcomes the commitment of the Moldovan authorities to European integration and the programme of ambitious reforms, especially with regard to the judiciary and the fight against corruption and “State capture”. It reiterates its position that, in order to ensure the necessary wide support for, and acceptance of, the reforms by the Moldovan society, it is essential that these reforms are implemented, and persons appointed, in accordance with legal provisions and Council of Europe standards and based on an inclusive bi-partisan consultation process. The Assembly welcomes the conclusion of the pre-vetting process for the Superior Council of Magistrates (SCM) and the Superior Council of Prosecutors (SCP) and the decision to extend this procedure to all judges and prosecutors in high-level positions. At the same time, it urges the authorities to ensure that the principle of non-retroactivity is reintroduced into the law that governs this procedure. The Assembly takes note of the amendments to the electoral legislation that introduce the possibility to ban for five years, members of the executive body and members who hold an elected office of political parties that have been declared unconstitutional by the Constitutional Court. It considers that such restrictions affect the right to stand for elections as enshrined in Article 3, Protocol 1 to the Convention (ETS No. 9) and should therefore be very strictly limited to clearly defined legal grounds, with the possibility of judicial review. It urges the Moldovan authorities to fully address the Venice Commission recommendations in this respect, well before the next elections take place. In this context, the Assembly takes note of the conclusions of the joint observation mission of the Congress of Local and Regional Authorities of the Council of Europe, the OSCE/ODIHR and the European Parliament for the first round of the local elections in the Republic of Moldova on 5 November 2023, that interference from abroad and restrictive measures imposed due to national security concerns negatively affected the election process;

4.8. with respect to Poland: the Assembly continues to express its concern with regard to the respect for the rule of law in the country and the deep polarisation between opposition and ruling majority which has permeated many levels of the Polish society and is affecting the functioning of the democratic institutions. The Assembly calls upon the Polish authorities to unconditionally implement the judgments of the European Court of Human Rights in the cases of Xero Flor w Polsce sp. Z o.o. v. Poland (4907/18); Reczkovicz v. Poland (43447/19) and Dolińska-Ficek and Ozimek v. Poland (49868/19 and 57511/19). In this respect, it reiterates its call for the reform of the National Council of the Judiciary with the objective of re-establishing its independence from the executive, the absence of which is undermining the legitimacy of the judicial system in the country. The Assembly expresses its concern about the adoption of the law on “the State Commission for Investigating Russian Influences on the Internal Security of the Republic of Poland in the period of 2007-2022” which, according to the Venice Commission, is fundamentally flawed and could lead to serious violations of human rights and rule of law standards and norms. The Assembly notes that, while its members have been appointed, the State Commission is not yet functioning and urges the authorities to disband it and abrogate this law without delay. The Assembly reiterates its position in Resolution 2513 (2023) on the abuse of the Pegasus Spyware for political purposes and urges the Polish authorities to address its recommendations without delay;

4.9. with respect to Serbia: the Assembly welcomes the ongoing reform aimed at depoliticising the judiciary and encourages the authorities to adopt, according to a fixed time-schedule, the secondary legislation for its implementation, in line with the Venice Commission’s recommendations. The Assembly also welcomes the progress in the implementation of the recommendations of the Group of States against Corruption (GRECO) concerning prevention of corruption in respect of members of

II SÉRIE-D — NÚMERO 19 ___________________________________________________________________________________________________________

68