Obniżenie emerytur i rent funkcjonariuszy PRL (tak zwana dezubekizacja) jako forma odpowiedzialności represyjnej
The Reduction of Pensions of Former Communist-Era Security Officers (the So-Called 'Dezubekizacja') as a Form of Repressive Liability

Summary/Abstract: Pursuant to two amendments to the Pension Provision Act of 2009 and 2016, the pensions of officers of state security bodies who served during the communist era were reduced. Such a solution raises numerous constitutional doubts, including as to whether it is repressive in nature, i.e. whether it falls within the scope of Article 42 of the Polish Constitution and Article 7 of the ECHR. The author, drawing on the case law of the Constitutional Tribunal and the European Court of Human Rights, puts forward the thesis that the reduction of pensions earned after 1989 constitutes a penalty within the constitutional meaning of the term, and that the 2016 amendment therefore constitutes a form of collective criminal liability prohibited by Article 42(1) of the Polish Constitution and Article 7 of the ECHR.

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