In September 2008, Polish judges and public prosecutors launched protest actions with the aim of securing pay increases and highlighting what they regard as neglect of the justice system by the government. Both groups are looking for a stable remuneration system with programmed increases to be respected by whichever government is in power.
Protest by judges
On 24 and 25 September 2008, most courts around Poland were affected by protests held by judges, which were carried out under the slogan ‘A day without case lists’. During the two-day protest, judges presided only over a limited number of hearings, namely those that could not possibly be rescheduled for another date. The protest was organised by the Polish Judges Association Iustitia (Stowarzyszenie Sędziów Polskich Iustitia, Iustitia). Iustitia’s leaders stated that, although their organisation represents only 2,300 of the 10,000 judges in Poland, almost 70% of judges joined in the protest. The decision of whether to participate in the protest was left to each individual judge. According to Iustitia’s estimates, only 31.77% of the normal number of court sessions were held on the protest dates.
Protest by public prosecutors
On 26 September – one day after the judges’ protests – public prosecutors aired their own demands. About 1,000 prosecutors and trainees took a day’s leave from work or, alternatively, devoted time to donating blood. Some of the public prosecutors also applied for the release of information about their earnings for the period from 1 January 2006 to 30 June 2008, explaining that they need the exact figures in order to draw up claims relating to a failure to adjust their remuneration. They announced that the lodging of such claims will constitute the next stage of their protest.
Judges’ demands
The judges’ protest was intended to draw attention to what they regard as the deteriorating situation of the Polish judicial system. The judges are calling for higher earnings, but also for the establishment of a stable remuneration system so that pay for judges and prosecutors is not affected by what the protesters see as the passing whims of politicians.
The judges demand that pay for the judiciary be benchmarked against average pay levels in the private sector, which stood at €840 a month, according to Central Statistical Office (Główny Urząd Statystyczny, GUS) data from September 2008. Alternatively, they argue that their wages should be benchmarked against the earnings of deputies in the Polish Parliament, which reached slightly over €2,800 a month in September – this latter proposal, however, was meant to be rhetorical.
The judges also claim that: given changes in the relevant laws, junior judges will soon have their authority to pass decisions curtailed; the rules governing the training and qualification of judges are vague; and many experienced judges are leaving the profession for high-paying positions at, for example, law firms. Thus, the protesters argue that the Polish judicial system faces a breakdown caused by personnel shortages. Thus, the judges would like to see the Polish Ministry of Justice (Ministerstwo Sprawiedliwości, MS) propose draft legislation addressing these problems.
Public prosecutors’ demands
The public prosecutors are also demanding pay increases and a programme of pay rises in the judicial system that would be binding for successive governments. They would also welcome the implementation of a system regulating pay for times when a judicial official remains on call outside official working hours – as is required of many public prosecutors.
The organiser of the protest – a Committee for Defence of Public Prosecutors within the Krakow-based Trade Union of Public Prosecutors and Prosecution Workers (Związek Zawodowy Prokuratorów i Pracowników Prokuratury, ZZPiPP) – is calling for a pay rise plan tied to average pay levels in the private sector instead of a base amount set by the government by way of statutory order, as is the case at present. The committee is also calling for a uniform, nationwide system for remunerating prosecutors on standby outside office hours, to be regulated by MS – which, within the Polish legal system, heads the public prosecution system.
Commentary
Many commentators argue that the Polish judicial system is in urgent need of reform. The system is overloaded, waiting times before a case is considered are long, and the quality of judicial work potentially suffers on account of insufficient resources. In light of these problems, a recent statement by the Minister of Justice, Zbigniew Ćwiąkalski, is seen as surprising in some quarters. The minister argues that the protests by judges and public prosecutors are motivated mainly by politics. If this view is taken as an indication of events to come, the judicial system may indeed be facing an imminent breakdown, in that the government may not be willing to resolve the situation. However, the basic solidarity among judges and prosecutors that was manifest during the protests is regarded as a positive sign.
The judges and public prosecutors have announced that, if the current round of protests proves unsuccessful, further actions will be taken in January 2009.
Jacek Sroka, Institute of Public Affairs (ISP)