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Nr 12 (2023)

Najnowsze orzecznictwo

Pająk i inni przeciwko Polsce (wyrok z 24.10.2023 r., Izba (Sekcja I),skargi nr 25226/18, 25805/18, 8378/19 i 43949/19)

  • Marek Antoni Nowicki
Opublikowane: 05.02.2024


The case in question involves four complaints lodged with the European Court of Human Rights by female judges who complained about the legislative amendments that had lowered the retirement age for judges from 67 to 60 for women, and to 65 for men, and had made the continuation of a judge’s duties after reaching retirement age conditional upon authorisation by the Minister of Justice and by the National Council of the Judiciary. Before the Court, they complained that no legal remedy had been available to them to challenge the refusal on the part of the Minister of Justice and the National Council of the Judiciary to authorise the continuation of their duties as judges after reaching retirement age. Three applicants further alleged that the new legislation was incompatible with the principle of non-discrimination on grounds of sex and age.


  1. Brak [Google Scholar]