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Adw. dr Magdalena Dekowska
ORCID: 0000-0002-8600-9975

Doctor of law, associate at the Department of Financial Law and Tax Law at the Faculty of Law and Administration of the University of Warmia and Mazury in Olsztyn, attorney at the District Bar Council in Olsztyn, author of a scientific publication in the field of auxiliary law, tax law, labor law and social security.

 
DOI: 10.33226/0032-6186.2025.10.7
JEL: K55

The purpose of this article is to discuss the legal con­sequences of the Constitutional Tribunal’s judgment of 6 June 2024 in case SK 140/20 (OTKA-A 2024/67). Fol­lowing its assessment of the constitutionality of Article 25, Section 1b of the Pension Act, the Constitutional Tribu-nal agreed with the findings of its previous judgment of 6 March 2019 in case P 20/16 (OTK-A 2019/11) and found that the principle of citizens’ trust in the state and its laws had been violated. The Constitutional Tribunal’s ruling equalizes the legal status of all individuals ag­grieved by a legal norm deemed unconstitutional in the area of the right to a public pension. This article will out­line the possible choices available to insured persons to pursue the appropriate legal basis for restitution of the constitutional status quo. The article will also address the need for urgent adoption of substantive regulations equalizing the situation of “all persons aggrieved” by the application of the legal norm of Article 25, Section 1b of the Pension Act.

Keywords: universal pension; early retirement pension; Constitutional Tribunal judgment; unconstitutionality of provisions