Former PiS MP and Constitutional Tribunal judge Krystyna Pawłowicz has been declared permanently unable to perform her duties, but procedural rules mean her official retirement will not take effect until December.
Krystyna Pawłowicz Will Move to Retirement
At the beginning of July, the Constitutional Tribunal announced that Judge Krystyna Pawłowicz submitted a request to be placed under retirement. The decision by the General Assembly will take effect on December 5. A former PiS MP, she stated that acts of hatred had worsened her health, forcing her to leave the bench earlier.
Stelina Raises Serious Doubts
The matter of Pawłowicz’s retirement sparked controversy within the Tribunal. Judge Jakub Stelina noted in late July that the General Assembly decided an immutably incapacitated judge would stay on active duty for almost another six months, raising doubts. He said the judge’s claim of permanent incapacity is not true. President Bogdan Święczkowski replied that this statement is unfounded.
Pawłowicz Says Special Rules Apply to TK Judges
In August, Pawłowicz weighed in, explaining that retirement of a Constitutional Tribunal judge is governed by special rules, not the general civil service code. The judge herself filed with ZUS; upon receiving the disability ruling, she applied to the Tribunal president to submit her case to the General Assembly. The date of retirement is set by the Assembly, considering the judge’s request. The ZUS ruling does not have immediate effect for TK judges.
ZUS: Retirement Decision is a General Assembly Matter
ZUS clarified that the decision to move a judge into retirement falls under the jurisdiction of the General Assembly.
Source: Gazeta,
