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Dr Michał Krotoszyński
ORCID: 0000-0002-0291-7328

He is an attorney-at-law and an assistant professor in the Department of Theory and Philosophy of Law at the Faculty of Law and Administration, Adam Mickiewicz University, Poznań, Poland. His research concentrates on transitional justice, legal interpretation and constitutional law.

 
DOI: 10.33226/0032-6186.2023.12.4
JEL: K00, K10, K31, K38

The aim of the paper is to analyze the provisions on the decommunization of the civil service and state offices, introduced in the Act of 14 April 2023 on the Amendment of the Civil Service Act and Certain Other Acts. I present three claims. First, I argue that the said provisions are another step in an ongoing change of the Polish lustration model from an instrument of historical clarification, in which sanctions are imposed only for submitting a false lustration statement, towards a retribution mechanism, where those connected with the former regime cannot hold public offices. Second, I claim that these provisions violate both the Polish Constitution and international law. Finally, I suggest that labour courts ought to refuse to apply said provisions, should they face compensation claims or claims for reinstatement in a job position.

Keywords: civil service; state officials; lustration; decommunization; transitional justice