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Legal dispute over the constitutionality of polish regulations and their effects after the amendment of he provision on reaching the retirement age by the judges of the polish supreme court

100%
Świątkowski A. M.
The Lawyer Quarterly
|
2019
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vol. 9
|
issue 3
185-196
EN
The Constitution of the Republic of Poland clearly states in article 180 (1) that “Judges are irremovable”. Irremovability, next to independence, is a guarantee of impartiality of courts, defined in the Constitution of the Republic of Poland as “a separate authority, independent of other authorities” (Article 173). The previous Act on the Supreme Court of 23 November 2002 also established the rule of retirement of a judge after reaching 70 years of age. On 4 July 2018, the Act of 8 December 2017 on the Supreme Court came into force. It lowers by five years the age at which judges of the Supreme Court retire (leave service) (Article 37 § 1). The age after reaching which there occurs an automatic - at the will of the legislature - change in the status of the judge from active status to the state of non-performance of duties may be legitimately called a “retirement age”. The executive and political power again obtained legally accepted influence on the selection of judges. This scenario is again being implemented by the currently ruling political party and state authorities, legislative and executive
2
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The role of social dialogue and collective agreements in building the European social model

51%
Bagdonaitė A., Blažienė I., Petrylaitė D., Świątkowski A. M.
The Lawyer Quarterly
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2016
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vol. 6
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issue 2
65-81
EN
The modern European concept of collective labour relations is based on the social dialogue, which represents an opportunity for ensuring permanent social peace. The social dialogue is regulated by the provisions of the primary European law, conducted at the supranational level by the social partners functioning in the European social area. It is also an important model for conducting dialogue by the social partners in the EU Member States and for establishment by the authorities of particular EU Member States of the principles and procedures for the social dialogue in the labour law systems. The freedom of association, collective bargaining, social dialogue and quality of collective labour relations are the fundamental elements of the European social model. The collective bargaining as being a part of this model should promote workplace democracy, redistribution of resources, and efficiency of employment relations. However, collective agreements that may be concluded at the European level are still a novelty in the legislative system of European labour law and they do not play a role as the alternative sources of European labour law.
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