Revise the amount of old- pensions due to service for a totalitarian state – the latest case-law

The author presents the jurisprudence problems related to the introduction to the polish law system of the socalled "ustawa dezubekizacyjna". Pursuant to this law, the period of service for a totalitarian state by an official cannot be counted when determining the basis for the calculation of his old-age; additionally, the amount of the benefit may not exceed the level specified in the Act. The study presents judicature of the Supreme Court in the subject scope, clearly indicating that in cases relating to the reduction of benefits under the aforementioned Act, there is a need to apply the socalled scattered control of the constitutionality of statutes, i.e. independent adjudication by courts on the non-compliance of an act with the Constitution. The Supreme Court took the position that the mechanism of reducing the old-pension amount to the level of the average pension payable in the general social insurance system (Article 15c(3) of the Act) is incompatible with the Constitution of the Republic of Poland for officers who successfully passed verification in 1990 and served free Poland in the following years, when the amount of this benefit "above" this indicator was determined in relation to the period of service after 1990. Keywords Constitution of the Republic of Poland, direct application of the Constitution, pension protection system for officers, principle of proportionality

Maniewska, E. (2022). Rozproszona kontrola konstytucyjności ustaw a ustawa dezubekizacyjna – najnowsze orzecznictwo. Praca i Zabezpieczenie Społeczne 2022 (7), s. 54–57. DOI: 10.33226/0032-6186.2022.7.9