A new article (in Polish) in Labour and Social Security Journal 12/2023 by Dr Michał Krotoszyński entitled “Decommunization of the civil service and state offices”.
The paper aims 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, the author argues 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, he claims that these provisions violate both the Polish Constitution and international law. Finally, the author suggests that labour courts ought to refuse to apply said provisions, should they face compensation claims or claims for reinstatement in a job position.
More information can be found on the journal’s website. We encourage you to read!
