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Dr Jakub Grygutis
ORCID: 0000-0002-6582-3636

PhD- assistant professor at the Department of Insurance and Social Security Law at the Faculty of Law and Administration and Economics of the University of Warsaw, junior judge at the District Court for the capital city of Warsaw, author of studies in the field of labour law and social security law.

 
DOI: 10.33226/0032-6186.2023.5.5
JEL: K31

The subject of this paper is the suspension of indexation of judges' remuneration, which is granted by virtue of law based on the law on organization of common courts. Judges are the only professional group in Poland whose right to fair remuneration is directly protected in the Constitution of the Republic of Poland, as one of the guarantees of judicial independence. Rules for remunerating judges were changed by the legislator three times in budget-related acts adopted in the years 2020–2022, which modified the general principles provided for in the Constitutional Act. The indicated above three-year legislative practice led to the creation of a mechanism for shaping salaries based on the discretion of the executive and legislative authorities, detached from objective factors. The aim of this paper is to answer the question whether the indicated mechanisms are constitutional and whether judges may have a claim to equalize remuneration to the level specified in the provisions of the constitutional laws despite the budgetary laws in force.

Keywords: remuneration; judges; judicial independence; Constitution of the Republic of Poland; law on organization of common courts