Published on 29 March 2021
FIRST SECTION
Application no. 48762/19
Janusz Leszek BIELIŃSKI against Poland
and 22 other applications
(see list appended)
communicated on 9 March 2021
The applicants are Polish nationals.The circumstances of the cases
The facts of the cases, as submitted by the applicants, may be summarised as follows.The case of Mr Bieliński (application no. 48762/19, lodged on 11 September 2019)
The applicant was born in 1957 and lives in Radziejowice.
He did not submit detailed information about the course of his professional career. However, the submitted documents show that in 1977 he was employed at the Civic Militia (Milicja Obywatelska). In 1982 he started working for the Ministry of the Interior and subsequently, for the Office of State Protection. Since an unspecified date he has been receiving the old-age pension for former functionaries of the uniformed services.
On 4 August 2017 the Director of the Board for Pensions (Dyrektor Zakładu Emerytalno-Rentowego Ministerstwa Spraw Wewnętrznych i Administracji), pursuant to section 15c read in conjunction with section 32(1) of the Act of 18 February 1994 on law on old-age pensions of functionaries of the police, the Internal Security Agency, the Intelligence Agency, the Military Counter-Intelligence Service the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Protection Bureau, the State Fire Service, the Prison Service and their families (ustawa z 18 lutego 1994 r. o zaopatrzeniu emerytalnym funkcjonariuszy Policji, Agencji Bezpieczeństwa Wewnętrznego, Agencji Wywiadu, Służby Kontrwywiadu Wojskowego, Służby Wywiadu Wojskowego, Centralnego Biura Antykorupcyjnego, Straży Granicznej, Biura Ochrony Rządu, Państwowej Straży Pożarnej i Służby Więziennej oraz ich rodzin) (”the 1994 Act”) and on the basis of information received from the Institute for National Remembrance (Instytut Pamięci Narodowej, IPN), issued a decision on the reassessment of the applicant’s pension, whereby his benefit was reduced from 4,086.49 Polish zlotys (PLN) to PLN 2,069.02 monthly. After taxation, the net amount of his current pension is PLN 1,716.81.
On 28 August 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division (Sąd Okręgowy – Wydział Ubezpieczeń Społecznych).
On 18 June 2018 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court (Trybunał Konstytucyjny) as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
The applicant appealed against this decision.
On 18 December 2018 the Warsaw Court of Appeal (Sąd Apelacyjny) dismissed his appeal.
The applicant lodged several complaints about the excessive length of the proceedings before the Regional Court concerning his appeal against the decision determining the amount of his pension. The most recent one is dated 16 July 2016. He sought a declaration that the impugned proceedings had been excessively long and just satisfaction of PLN 20,000.
On 23 August 2019 the Warsaw Court of Appeal dismissed the applicant’s complaint, holding that the length of the proceedings could not be attributable to the Regional Court because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.
It appears that the applicant requested several times that the stayed proceedings be resumed.
On 19 November 2018 the Warsaw Regional Court dismissed one of his requests for resumption of the proceedings. The applicant appealed.
On 5 June 2019 the Warsaw Court of Appeal dismissed his appeal.
On 17 July 2019 the Warsaw Regional Court dismissed his further request for the resumption of the proceedings.
The applicant appealed holding, among other things, that the stay of the proceedings amounted to an unjustified limitation of his right to court.
On 20 December 2019 the Warsaw Court of Appeal quashed the challenged decision. It noted that even though considerable time had passed since the legal questions were referred to the Constitutional Court, it was unknown when that Court would deal with the merits of the case. The Court of Appeal further held that the proceedings, which had been pending before the Regional Court since 2 February 2018, were essential for the applicant because they concerned the amount of his retirement pension decreased on the basis of a challenged, not a final decision. It also noted that the length of the proceedings should be assessed on the basis of the particular circumstances of each case and that in light of Article 6 of the European Convention on Human Rights States should organise their judicial systems in such a way as to ensure the examination of cases in reasonable time. The court concluded that the “state of suspension” of the proceedings in fact deprived the applicant of his constitutional right to court and suggested that the Regional Court might examine the case on the merits applying directly the provisions of the Polish Constitution.
It appears that in spite of the favourable decision of the Court of Appeal, the proceedings have not been resumed by the Regional Court.The case of Mr Pastuszka (application no. 57260/19, lodged on 26 October 2019)
The applicant was born in 1954 and lives in Radom. He is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
Mr Pastuszka was employed at the Civic Militia in 1976. After 1990 he continued his employment in the police force. He retired in 2007 and has been receiving an old-age pension ever since.
On 26 June 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby his benefit was reduced from PLN 6,315.59 to PLN 2,069.02 monthly. After taxation, the net amount of his current pension is PLN 1,716.81.
On 14 July 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division.
At the request of the Warsaw Regional Court, on 15 March 2019 the Warsaw Court of Appeal issued a decision by which it indicated that the applicant’s case should be examined by the Radom Regional Court. It found that taking into account that there were some 25,000 appeals against similar decisions issued by the Director of the Board for Pensions, the competent court that is to say, the Warsaw Regional Court would be unable to deal with the case within a reasonable time, in particular taking into account the advanced age of the applicant.
Since no decision on the merits had been given by the Regional Court, on 8 April 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court. He sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 4 June 2019 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.
On 1 August 2019 the Radom Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
On 14 October 2019 the applicant appealed against the decision of 1 August 2019. The proceedings are pending.The case of Ms Michałowska-Jaśkowska (application no. 57377/19, lodged on 26 October 2019)
The applicant was born in 1952 and lives in Warsaw. She is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
Ms Michałowska-Jaśkowska was employed at the Ministry of the Interior in 1980 where she worked until 31 July 1990. Between 1 August 1990 and 28 June 2002 she worked for the Office of State Protection (Urząd Ochrony Państwa). From 29 June 2002 until 29 June 2013 she was employed by the Internal Security Agency (Agencja Bezpieczeństwa Wewnętrznego). She retired in 2013 and has been receiving an old-age pension ever since.
On 2 August 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby her benefit was reduced from PLN 5,708.29 to PLN 2,069.02 monthly. After taxation, the net amount of her current pension is PLN 1,716.81.
On 25 August 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division.
On 8 April 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning her appeal against the decision determining the amount of her pension. She sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 4 June 2019 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.
On 2 July 2019 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
On 26 September 2019 the applicant requested the Regional Court to resume the proceedings. The proceedings are pending and have not been resumed.The case of Mr Moczkowski (application no. 57386/19, lodged on 25 October 2019)
The applicant was born in 1951 and lives in Łódź. He is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
He was employed at the Civic Militia in 1987 where he worked until 1990. Between 1 August 1990 and 28 June 2002 he worked for the Office of State Protection. After 1990 he continued his employment in the police force. He retired in 2006 and has been receiving an old-age pension ever since. He was also granted a disability pension; however, the payment of that pension was suspended because the amount of the old-age pension was higher.
On 10 June 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby his benefit was reduced from PLN 6,340.49 to PLN 2,069.02 monthly. After taxation, the net amount of his current pension is PLN 1,716.81.
On 14 July 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division.
On 27 April 2018 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
On 8 April 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court. He sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 30 May 2019 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court, because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.
On 18 October 2019 the applicant requested the Regional Court to resume the proceedings. The proceedings are pending and have not been resumed.The case of Mr Sokołowski (application no. 57396/19, lodged on 26 October 2019)
The applicant was born in 1954 and lives in Poznań. He is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
He was employed at the Civic Militia in 1980. Since 1985 he served in the Security Service (Służba Bezpieczeństwa). He retired in 2006 and has been receiving an old-age pension ever since.
On 28 June 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby his benefit was reduced from PLN 5,112.41 to PLN 2,069.02 monthly. After taxation, the net amount of his current pension is PLN 1,716.81.
The applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division.
On 20 February 2018 the Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
On 8 April 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court. He sought a declaration that the impugned proceedings had been excessively long and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 10 June 2019 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court, because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.The case of Mr Śliwiak (application no. 57419/19, lodged on 26 October 2019)
The applicant was born in 1955 and lives in Siedlce. He is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
He was admitted to the Security Service in 1985. After 1991 he continued his employment in the police force. He retired in 2007 and has been receiving an old-age pension ever since.
On 24 August 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby his benefit was reduced from PLN 7,032.24 to PLN 2,069.02 monthly. After taxation, the net amount of his current pension is PLN 1,716.81.
On 26 September 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division.
On 8 April 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning his appeal against the decision determining the amount of his pension. He sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 30 May 2019 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court, because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.
On 7 October 2019 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.The case of Mr Orechwo (application no. 57486/19, lodged on 26 October 2019)
The applicant was born in 1958 and lives in Bydgoszcz. He is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
He was employed at the Civic Militia in 1980 where he worked until 1990. After 1990 he continued his employment in the police force until 2012. He retired in 2012 and at the same time he was granted a right to a disability pension. Since the old-age pension was higher, the payment of the disability pension was suspended.
On 26 June 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby his benefit was reduced from PLN 4,279.19 to PLN 2,069.02 monthly. After taxation, the net amount of his current pension is PLN 1,716.81.
The applicant lodged an appeal against these decisions with the Warsaw Regional Court – Social Security Division. He also requested an injunction to the effect that be paid his disability pension that is the amount from before the reassessment.
On 8 April 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning his appeal against the decision determining the amount of his pension. He sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 7 June 2019 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court, because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.
On 2 July 2019 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
On 18 October 2019 the applicant requested the Regional Court to resume the proceedings. The proceedings are pending and have not been resumed.The case of Ms Góralska-Rataj (application no. 57557/19, lodged on 26 October 2019)
The applicant was born in 1963 and lives in Świdnica. She is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
She was employed at the Civic Militia in 1984 where she worked until 1990. Between 1 August 1990 and 28 June 2002 she worked for the Office of State Protection. From 29 June 2002 until 22 March 2017 she was employed by the Internal Security Agency. She retired in 2007 and has been receiving an old-age pension ever since.
On 23 August 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby her benefit was reduced from PLN 5,229.74 to PLN 2,069.02 monthly. After taxation, the net amount of her current pension is PLN 1,716.81.
On 22 September 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division.
On 8 March 2018 the Director of the Board for Pensions issued another decision by which the applicant’s pension was reduced to the amount of PLN 2,130.68. The applicant appealed.
On 8 April 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning her appeal against the decision determining the amount of her pension. She sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 15 May 2019 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court, because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.
On 8 August 2019 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
On 26 September 2019 the applicant requested the Regional Court to resume the proceedings. The proceedings are pending and have not been resumed.The case of Ms Kolasa (application no. 57723/19, lodged on 25 October 2019)
The applicant was born in 1955 and lives in Legionowo. She is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
She was employed at the Civic Militia in 1980 where she worked until 1990. Between 1 August 1990 and 28 June 2002 she worked for the Office of State Protection. From 29 June 2002 until 30 September 2014 she was employed by the Internal Security Agency. She retired in 2014 and has been receiving an old-age pension ever since.
On 1 August 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby her benefit was reduced from PLN 4,253.21 to PLN 2,069.02 monthly. After taxation, the net amount of her current pension is PLN 1,716.81.
On 19 August 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division.
On 8 April 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning her appeal against the decision determining the amount of her pension. She sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 16 May 2019 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court, because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.
On 28 June 2019 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
On 26 September 2019 the applicant requested the Regional Court to resume the proceedings. The proceedings are pending and have not been resumed. The case of Mr Wrzesiński (application no. 58837/19, lodged on 25 October 2019)
The applicant was born in 1958 and lives in Nadarzyn. He is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
He was employed at the Ministry of the Interior in 1983 where he worked until 1990. Subsequently he worked in the Office of State Protection. From 29 June 2002 until 31 August 2012 he was employed at the Internal Security Agency. He retired in 2012 and has been receiving an old-age pension ever since.
On 21 July 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby his benefit was reduced from PLN 4,547.63 to PLN 2,069.02 monthly. After taxation, the net amount of his current pension is PLN 1,716.81.
On 23 August 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division.
On 8 April 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning his appeal against the decision determining the amount of his pension. He sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 4 June 2019 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court, because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.
On 17 July 2019 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
On 26 September 2019 the applicant requested the Regional Court to resume the proceedings. The proceedings are pending and have not been resumed.The case of Ms Mróz (application no. 60531/19, lodged on 14 November 2019)
The applicant was born in 1933 and lives in Bydgoszcz. She is represented before the Court by Ms D. Kalinowska, a lawyer practising in Bydgoszcz.
She did not provide detailed information about the course of her professional career. In any event, it is known that she had been receiving the old-age pension for former functionaries of the uniformed services.
On 24 June 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby her benefit was reduced from around PLN 3,500 to PLN 1,000 monthly.
On 7 August 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division. She also requested the court to issue an injunction and to order the Director of the Board for Pensions to pay her PLN 2,000 every month.
On an unspecified date the Warsaw Regional Court dismissed her request for injunction and, on 7 December 2018, it stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
The applicant appealed against this decision.
On 12 April 2019 the Warsaw Court of Appeal dismissed her appeal.
On 22 August 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning her appeal against the decision determining the amount of her pension. She sought a declaration that the impugned proceedings had been excessively long and just satisfaction of PLN 20,000.
On 4 December 2019 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court, because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.The case of Mr Matukin (application no. 4080/20, lodged on 30 December 2019)
The applicant was born in 1949 and lives in Opole.
He was employed at the Civic Militia in 1974 where he worked until 1990. Subsequently he worked in the police force until 14 April 2004. He retired in 2004 and has been receiving an old-age pension ever since.
On 6 June 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby his benefit was reduced from PLN 3,612.74 to PLN 2,069.02 monthly. After taxation, the net amount of his current pension is PLN 1,716.81.
On 6 July 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division.
On 20 April 2018 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
The applicant appealed against this decision.
On 6 September 2018 the Warsaw Court of Appeal dismissed his appeal.
On 4 April 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning his appeal against the decision determining the amount of his pension. He sought a declaration that the impugned proceedings had been excessively long and just satisfaction of PLN 20,000.
On 15 May 2019 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court, because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.The case of Ms Smagała-Ledwarowska (application no. 7548/20, lodged on 30 January 2020)
The applicant was born in 1959 and lives in Warsaw. She is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
She was employed at the Ministry of the Interior in 1984 where she initially worked as typist. In 1987 she was promoted and became a junior warrant officer (młodszy chorąży) of the Civic Militia. Between 1 August 1990 and 2002 she worked for the Office of State Protection. In 2011 she was declared an invalid and granted the so-called first group of invalidity. Since the invalidity pension was more advantageous that the old-age pension, she received an invalidity pension in the amount of PLN 3,243.71
On 9 August 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued two decisions on the reassessment of the applicant’s old-age pension and invalidity pension, whereby her old-age benefit was reduced to PLN 2,069.02 and the invalidity pension from PLN 3,243.71 to PLN 1,000 monthly. After taxation, the net amount of her current old-age pension is PLN 1,719.31.
On 26 September 2017 the applicant lodged appeals against both decisions with the Warsaw Regional Court – Social Security Division.
On 8 April 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning her appeal against the decision determining the amount of her pension. She sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 14 May 2019 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court, because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.
On 28 October 2019 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
On 25 November 2019 the applicant requested the Regional Court to resume the proceedings. The proceedings are pending and have not been resumed.The case of Mr Koweszko (application no. 7978/20, lodged on 30 January 2020)
The applicant was born in 1955 and lives in Warsaw. He is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
Between 17 December 1979 and 1990 the applicant served in the Internal Military Service (Wojskowa Służba Wewnętrzna). He finished his military service on 31 July 1990. In August 1990 the applicant was employed at the police force where he was engaged in the organisation of the domestic branch of Interpol. In 1997 he was chosen for a four-year term on the Interpol Executive Committee. He finished work for the police in 1999 and his function at Interpol expired in 2000.
On 20 June 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby his benefit was reduced from PLN 7,605.62 to PLN 2,069.02 monthly. After taxation, the net amount of his current pension is PLN 1,716.81.
On 28 July 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division.
On 29 August 2019 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
The applicant appealed against that decision. His appeal was dismissed by the Warsaw Court of Appeal on 6 November 2019.
On 16 April 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning his appeal against the decision determining the amount of his pension. He sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 5 June 2019 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court, because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.
The proceedings are pending and have not been resumed. The case of Mr Olechnowicz (application no. 18338/20, lodged on 10 April 2020)
The applicant was born in 1953 and lives in Grodzisk Mazowiecki. He is represented before the Court by Mr Ł. Chojniak, a lawyer practising in Warsaw.
From the submitted documents it appears that between 1979 and 1990 he was employed at the Civic Militia and, subsequently, he worked in the Office of State Protection until 1999. Since then he has been receiving an old‑age pension.
On 19 June 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby his benefit was reduced from PLN 5,476.82 to PLN 1,551.76 monthly. After taxation, the net amount of his current pension is PLN 1,299.10.
On 28 July 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division.
On 20 August 2019 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
On 9 August 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning his appeal against the decision determining the amount of his pension. He sought a declaration that the impugned proceedings had been excessively long and just satisfaction of PLN 6,000.
On 1 October 2019 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the proceedings in question had not been excessively long.
The proceedings are pending and have not been resumed. The case of Ms Gołaszewska (application no. 19923/20, lodged on 21 April 2020)
The applicant was born in 1953 and lives in Warsaw. She is represented before the Court by Mr Ł. Chojniak, a lawyer practising in Warsaw.
She does not specify the course of her employment. However, from the submitted documents it emerges that she had been granted a military old‑age pension and also had been declared unable to work and received a disability pension. Apparently, the payment of the old-age pension was suspended since its amount was lower than the amount of the disability pension.
On 20 July 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued two decisions on the reassessment of the applicant’s old-age pension and disability pension, whereby her retirement benefit was reduced to PLN 2,069.02 monthly. After taxation, the net amount of her current pension is PLN 1,716.81. The payment of the decreased disability pension was suspended since after the recalculation, the old-age pension was more advantageous.
On 15 September 2017 the applicant lodged appeals against both decisions with the Warsaw Regional Court – Social Security Division.
On 14 February 2019 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
On 18 June 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning her appeal against the decision determining the amount of her pension. She sought a declaration that the impugned proceedings had been excessively long and just satisfaction of PLN 20,000.
On 23 September 2019 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that before referring the legal questions to the Constitutional Court the proceedings had not been excessively long and the period when the proceedings were stayed could not be calculated to their overall length.
On an unspecified date the applicant requested the Regional Court to resume the proceedings. On 11 February 2020 the Warsaw Regional Court refused her request. The proceedings are pending and have not been resumed. The case of Ms Bugaj (application no. 24603/20, lodged on 28 May 2020)
The applicant was born in 1957 and lives in Warsaw. She is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
She started her professional career in 1976 working for the Ministry of the Interior. In 1986 she started working in the Technical Department of the Ministry of the Interior. In 1990 she started working in the police force. She terminated her employment on 30 April 2011. Since then she has been receiving a retirement pension.
On 7 July 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby her benefit was reduced from PLN 4,736.06 to PLN 2,069.02 monthly. After taxation, the net amount of her current pension is PLN 1,716.81.
On 24 July 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division.
On 29 January 2020 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning her appeal against the decision determining the amount of her pension. She sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 23 March 2020 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court, because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.
The proceedings in the applicant’s case were not formally stayed, but in fact they have been dormant pending the examination of the legal questions by the Constitutional Court. The case of Mr Lewiński (application no. 24730/20, lodged on 28 May 2020)
The applicant was born in 1959 and lives in Kaszewice. He is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
He started his professional career in 1980 working for the Civic Militia. Subsequently, he worked for the Security Service. In 1990 he started working in the police force. He terminated his service in 2012. Since then he has been receiving a retirement pension.
On 11 July 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby his benefit was reduced from PLN 6,126.53 to PLN 2,069.02 monthly. After taxation, the net amount of his current pension is PLN 1,716.81.
On 24 July 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division.
On 7 May 2018 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions.
On 29 January 2020 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning his appeal against the decision determining the amount of his pension. He sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 23 March 2020 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court, because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court. The case of Ms Rybczyńska-Kwiecień (application no. 24745/20, lodged on 28 May 2020)
The applicant was born in 1960 and lives in Bydgoszcz. She is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
Between 1979 and 1983 she worked at the Prison Service. Subsequently, between 1983 and 1986, she was employed at the Bydgoszcz Regional Office of the Interior (Wojewódzki Urząd Spraw Wewnętrznych) and afterwards she worked in the police force, initially at the Bydgoszcz Headquarters and, subsequently at the Warsaw Police Main headquarters. She retired in 2005 and was granted the right to a military retirement pension and to a disability pension, the payment of which was suspended since the latter was more advantageous.
On 29 May 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued two decisions on the reassessment of the applicant’s disability and retirement pension. The disability pension was reduced to PLN 750 and the retirement benefit was reduced from PLN 4,262.95 to PLN 2,069.02 monthly. After taxation, the net amount of her current pension is PLN 1,716.81.
On 7 July 2017 the applicant lodged appeals against these decisions with the Warsaw Regional Court – Social Security Division.
On 10 May 2018 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
On 29 January 2020 the applicant requested the Regional Court to resume the proceedings. She relied, among other things, on Article 6 of the European Convention on Human Rights. The proceedings are pending and have not been resumed.
On 29 January 2020 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning her appeal against the decision determining the amount of her pension. She sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 26 February 2020 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the length of the proceedings could not be attributable to the Regional Court, because the examination of the merits of the case depended on the result of the proceedings before the Constitutional Court.The case of Mr Okólski (application no. 24795/20, lodged on 28 May 2020)
The applicant was born in 1958 and lives in Terespol. He is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
The applicant served in the military in 1977 and 1978. Subsequently, from 1978 until 2005 he worked at the Border Guard (Straż Graniczna). He retired in 2005 and has been receiving a retirement pension ever since.
On 19 May 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s pension, whereby his benefit was reduced from PLN 3,638.07 to 2,069.02 monthly. After taxation, the net amount of his current pension is PLN 1,716.81.
On 3 July 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division.
On 29 January 2020 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning his appeal against the decision determining the amount of his pension. He sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 2 April 2020 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the proceedings in question had not been excessively long and that the Regional Court had undertaken some procedural steps, for example it had requested the Court of Appeal to indicate another composition of the Regional Court to examine the case.
It appears that the applicant’s proceedings were not formally stayed. However, they have been dormant pending the examination of the legal questions by the Constitutional Court.The case of Ms Pieszczyńska (application no. 24799/20, lodged on 15 May 2020)
The applicant was born in 1958 and lives in Bydgoszcz. She is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
She is a retired police officer. She started her service in 1988 at the Bydgoszcz Regional Office of the Interior (Wojewódzki Urząd Spraw Wewnętrznych). Between 2000 and 2010 she worked as a detective at the Bydgoszcz Police Headquarters. She retired on 26 February 2010 and was granted a retirement pension. She also had a right to a disability pension, the payment of which was suspended because the retirement pension was more advantageous.
On 27 June 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued two decisions on the reassessment of the applicant’s old-age pension and disability pension, whereby her retirement benefit was reduced from PLN 4,199.13 to PLN 2,069.02 monthly. After taxation, the net amount of her current pension is PLN 1,716.81. The payment of the decreased disability pension was suspended since after the recalculation, the old-age pension was more advantageous.
On 2 August 2017 the applicant lodged appeals against both decisions with the Warsaw Regional Court – Social Security Division.
On 23 October 2019 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
The applicant appealed against the decision to stay the proceedings.
On 10 February 2020 the Warsaw Court of Appeal quashed the challenged decision holding that “the state of suspension” deprived the applicant of her right to court and that the applicant had a right to expect a swift examination of her case bearing in mind that it concerned an essential matter, namely the amount of her retirement pension.
On 29 January 2020 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning her appeal against the decision determining the amount of her pension. She sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 10 March 2020 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the proceedings had not been excessively long.
Even though the decision to stay the proceedings was quashed, the case has been dormant pending the examination of the legal questions by the Constitutional Court.The case of Ms Zduniak (application no. 25355/20, lodged on 8 June 2020)
The applicant was born in 1954 and lives in Warszawa. She is represented before the Court by Ms M. Gąsiorowska and Ms J. Metelska, lawyers practising in Warsaw.
Between 1975 and 1989 she worked at the Government Information Centre PESEL (Rządowe Centrum Informatyczne). In 1990 she started working for the Human Resources Office at the Police Main Headquarters. She retired in 2012 and has been receiving a retirement pension ever since.
On 9 June 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the reassessment of the applicant’s old-age pension, whereby her retirement benefit was reduced from PLN 6,861.78 to PLN 2,069.02 monthly. After taxation, the net amount of her current pension is PLN 1,716.81.
On 7 July 2017 the applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division.
On 24 September 2019 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
The applicant appealed against the decision to stay the proceedings.
On 28 February 2020 the Warsaw Court of Appeal quashed the challenged decision.
On 29 January 2020 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning her appeal against the decision determining the amount of her pension. She sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 5,000 and requested that the Regional Court take the appropriate steps in order to accelerate the examination of the legal questions by the Constitutional Court.
On 16 March 2020 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the proceedings had not been excessively long.
Even though the decision to stay the proceedings was quashed, the case has been dormant pending the examination of the legal questions by the Constitutional Court.The case of Mr Cybulski vel Cychowski (application no. 33285/20, lodged on 27 July 2020)
The applicant was born in 1952 and lives in Wieliszew.
He is a retired police officer. He did not submit information as to the exact course of his professional career. On 12 July 2017 the Director of the Board for Pensions, pursuant to section 15c read in conjunction with section 32(1) of the 1994 Act and on the basis of information received from the IPN, issued two decisions on the reassessment of the applicant’s retirement pension and disability pension, whereby his retirement benefit was reduced by some 50%. Apparently, the payment of disability pension was suspended because the retirement pension was more advantageous.
On 14 August 2017 the applicant lodged appeals against these decisions with the Warsaw Regional Court – Social Security Division.
On 4 December 2019 the applicant complained to the Warsaw Court of Appeal about the excessive length of the proceedings before the Regional Court concerning his appeal against the decision determining the amount of his pension. He sought a declaration that the impugned proceedings had been excessively long, just satisfaction of PLN 20,000 and requested that the Court of Appeal order the Regional Court examine the merits of the case.
On 4 February 2020 the Warsaw Court of Appeal dismissed the applicant’s length-of-proceedings complaint, holding that the proceedings in question had not been excessively long.
On 17 February 2020 the Warsaw Regional Court stayed the proceedings. The court relied on the fact that, on 24 January 2018, in a similar case pending before the same court, legal questions had been referred by the court to the Constitutional Court as regards the constitutionality of the provisions introducing new calculation methods for old-age pensions. Since then no action has been taken by the Constitutional Court.
The applicant appealed against the decision to stay the proceedings. Apparently, his appeal has not yet been examined.
The proceedings are pending and have not been resumed.Proceedings before the Constitutional Court
The Warsaw Regional Court referred a legal question (pytanie prawne) to the Constitutional Court on 27 February 2018. It was registered under the case number P 4/18. The first hearing before the Constitutional Court was scheduled to take place on 17 March 2020; it was rescheduled to 21 April 2020. On the latter date the hearing was adjourned until 19 May 2020 and later until 2 June 2020. On 15 June 2020 the Constitutional Court adjourned the hearing again until 18 August 2020. On 18 August 2020 the Constitutional Court heard submissions from the Prosecutor General (Prokurator Generalny) and representatives of the Sejm (the lower house of Parliament). It then adjourned the hearing until 11 September 2020. On the latter date the hearing was cancelled and postponed until 6 October 2020.Relevant domestic law and practice
The relevant domestic law and practice concerning pension entitlements of former functionaries of the uniformed services was described in Cichopek and Others (dec.), no. 15189/10 and 1,627 other applications, §§ 63–87). For relevant domestic law concerning the complaints against the excessive length of civil proceedings, see Rutkowski and Others v. Poland, nos. 72287/10 and 2 others, § 75–92, 7 July 2015.
On 1 January 2017 an amendment of 16 December 2016 to the 1994 Act came into force. In particular, Section 15 c was added, according to which one of the coefficients relevant for the calculation of pensions of former functionaries was lowered from 0.7% to 0.0% for each year of service with the former communist State security authorities in the period from 1944 to 1990.
According to Section 15c (3) of the amended 1994 Act, the amount of old-age pension calculated on the newly introduced principles cannot be higher than the monthly average old-age pension paid by the Social Security Board (Zakład Ubezpieczeń Społecznych) announced by the President of the Board.
COMPLAINTS
The applicants complain under Article 6 § 1 of the Convention about the excessive length of their proceedings. They also rely on the same Article complaining that due to the excessive length of their proceedings they were effectively denied access to court. They further complain under Article 13 of the Convention that the existing remedy, namely the complaint against the excessive length of the proceedings, cannot be considered “effective” in their procedural situation.
COMMON QUESTIONS
1. Did the applicants have access to a court for the determination of their civil rights and obligations, in accordance with Article 6 § 1 of the Convention, having regard to the fact that their civil cases before the ordinary courts have been suspended pending the Constitutional Court’s ruling?
2. Was the length of the civil proceedings in the present cases in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention? Reference is made to the fact that the dispute concerns the calculation of an old‑age pension and affects a significant group of people.
3. Did the applicants have at their disposal an effective remedy to put before the domestic authorities the alleged violation of Article 6 § 1 of the Convention, as required by Article 13 of the Convention? In particular, were they able to challenge the alleged inactivity of the Constitutional Court?
APPENDIX
List of cases
148762/19Bieliński v. Poland
257260/19Pastuszka v. Poland
357377/19Michałowska - Jaśkowska v. Poland
457386/19Moczkowski v. Poland
557396/19Sokołowski v. Poland
657419/19Śliwiak v. Poland
757486/19Orechwo v. Poland
857557/19Góralska-Rataj v. Poland
957723/19Kolasa v. Poland
1058837/19Wrzesiński v. Poland
1160531/19Mróz v. Poland
124080/20Matukin v. Poland
137548/20Smagała-Ledwarowska v. Poland
147978/20Koweszko v. Poland
1518338/20Olechnowicz v. Poland
1619923/20Gołaszewska v. Poland
1724603/20Bugaj v. Poland
1824730/20Lewiński v. Poland
1924745/20Rybczyńska-Kwiecień v. Poland
2024795/20Okólski v. Poland
2124799/20Pieszczyńska v. Poland
2225355/20Zduniak v. Poland
2333285/20Cybulski vel Cychowski v. Poland
Full & Egal Universal Law Academy