The case of the non-publication of the Constitutional Tribunal's judgment favourable to pensioners. Reply of Minister Maciej Berek
Date:
For more than four months, the Constitutional Tribunal's judgment of 4 June 2024, which is favourable to so-called early retirees, has not been published in the Journal of Laws.
Thanks to this verdict, the pensions of 150,000 to 200,000 seniors could increase by up to PLN 1,200, with each eligible to receive PLN 64,000 in compensation. However, this will only be possible once the Constitutional Tribunal's ruling comes into force, which—according to the Social Insurance Institution's interpretation—occurs upon its publication in the Journal of Laws.
Marcin Wiącek asks the Head of the Chancellery of the Prime Minister to clarify the factual and legal grounds for withholding the publication of the CT ruling of 4 June 2024.
Marcin Wiącek further emphasises that in its opinion of 7 December 2024, the Venice Commission criticised the delay in the publication of the CT judgments. The opinion indicates that, in the Commission's view - despite its reservations about the composition of the Court - its judgments should be published in official journals. The question of assessing the legal effectiveness of these judgments is reserved for the judiciary, not the executive.
‘The Council of Ministers recognises the problem raised in the Commissioner’s letter and shares the opinion that appropriate legislative action should be taken,' Minister Maciej Berek replied. He added that the Council of Ministers views the publication of the CT ruling in the Journal of Laws in the same way as other CT rulings issued after the adoption of the 6 March 2024 parliamentary resolution on addressing the effects of the 2015–2023 constitutional crisis.
https://bip.brpo.gov.pl/pl/content/rpo-tk-wyrok-emeryci-niepublikowanie-kprm-kolejne-odpowiedz
