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Parliamentary questions
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3 May 2017
Question for written answer P-003096-17
to the Commission
Rule 130
Janusz Zemke (S&D)

 Subject:  Denial of pension rights to officials and soldiers in Poland
 Answer in writing 

On 16 December 2016, the Polish Parliament adopted a law (Journal of Laws 2016, item 2270) which further radically reduced the pension entitlements of all soldiers and officials of the state security bodies who served prior to 1990. I believe this to be a further example of collective political revenge.

Under normal circumstances, the people affected by the provisions of this law should have the possibility to defend their rights before the Constitutional Court. Unfortunately, as the Commission is aware, the legal situation in Poland has effectively paralysed the Constitutional Court.

In this context, not only has this group of people (numbering several hundred thousand, including their families) once more seen their acquired rights withdrawn, they have also, in practical terms, been deprived at national level of the right to effective remedy and access to an impartial Constitutional Court.

Is the Commission aware of this issue, and what legal action can it take at EU level in this respect to guarantee that fundamental rights are upheld, including pension rights? Will the Commission make approaches to the Polish Government with a view to ensuring that the rule of law is upheld?

Original language of question: PL 
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