Determining the remuneration base for calculating judges’ basic remuneration for the year 2023 K 1/23
Ref. No. K 1/23
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 8 November 2023
The Constitutional Tribunal, composed of:
Bartłomiej Sochański – Presiding Judge
Stanisław Piotrowicz
Piotr Pszczółkowski
Michał Warciński
Rafał Wojciechowski – Judge Rapporteur,
Recording Clerk – Michał Rylski,
having considered, at the hearings on 5 September and 8 November 2023 – in the presence of the applicants as well as the Sejm, the Public Prosecutor-General, and the Polish Ombudsman [also referred to as the Polish Commissioner for Human Rights] – the following joined applications:
(1) the application of the First President of the Supreme Court lodged with the Constitutional Tribunal to assess the conformity of Article 7, Article 8, and Article 9 of the Act of 1 December 2022 on special measures aimed at implementing the 2023 State Budget Act (Journal of Laws – Dz. U., item 2666) with:
(a) Article 178(2) in conjunction with Article 178(1) as well as Article 173 and Article 10(1) of the Constitution, “due to the fact that they violate the guarantee of granting remuneration consistent with the dignity of judges’ office and the scope of their duties, and thus the provisions violate the guarantee of judicial independence which constitutes a prerequisite for the independent exercise of the functions of the judiciary”;
(b) Article 2 in conjunction with Article 178(2) of the Constitution, “insofar as it infringes the principle of the protection of acquired rights as well as the principle of the protection of citizens’ trust in the state and its laws, by applying an arbitrary method of determining the remuneration base for calculating judges’ remuneration in 2023”;
(c) Article 31(3) in conjunction with Article 178(2) of the Constitution, “insofar as it infringes judges’ right to be granted remuneration consistent with the dignity of their office and the scope of their duties as the subjective right to have remuneration determined on the basis of objective criteria, independent of an arbitrary decision of the legislative branch”;
(d) Article 2 in conjunction with Article 178(1) and (2), Article 10 in conjunction with Article 173, Article 178(2), Article 195(2) and Article 64(1) and (2) in conjunction with Article 31(3), Article 178(2) and Article 195(2) in conjunction with Article 216(5) as well as Article 220(1) of the Constitution;
(2) the application of the President of the Supreme Administrative Court lodged with the Constitutional Tribunal to assess the conformity of Article 8 and Article 9 of the Act referred to in point 1 with Article 178(2) of the Constitution;
(3) the application of the National Council of the Judiciary lodged with the Constitutional Tribunal to assess the conformity of Article 7, Article 8, and Article 9 of the Act referred to in point 1 with:
a) Article 2 in conjunction with Article 178(1) and (2) of the Constitution;
b) Article 10 in conjunction with Article 173 of the Constitution;
c) Article 178(2), Article 195(2) and Article 64(1) and (2) in conjunction with Article 31(3) of the Constitution;
d) Article 178(2) and Article 195(2) in conjunction with Article 216(5) and Article 220(1) of the Constitution;
adjudicates as follows:
1. Article 8 and Article 9 of the Act of 1 December 2022 on special measures aimed at implementing the 2023 State Budget Act (Journal of Laws, item 2666, as amended) are inconsistent with Article 178(2) of the Constitution of the Republic of Poland.
2. Article 7 of the Act referred to in point 1 is inconsistent with Article 195(2) of the Constitution.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was unanimous.
Bartłomiej Sochański
Stanisław Piotrowicz
Piotr Pszczółkowski
Michał Warciński
Rafał Wojciechowski