Senior judges could work on quarter-loads, while prosecutors would remain full-time

Polish judges who continue working after turning 65 could choose to handle only a quarter of their usual caseload under a government proposal now heading for its first reading in the Sejm.

Current rules require both medical clearance and a positive decision from the National Council of the Judiciary for judges to continue sitting after reaching the retirement age. The Justice Ministry expects the number of judges retiring each year to rise by more than 100% over the next five years. At the same time, the continuing dispute over so-called neo-judges has contributed to staffing shortages in the courts.

The proposed changes would allow a judge who reaches 65 and wants to remain in office to submit a declaration to the president of the relevant court of appeal, together with a medical certificate confirming fitness for continued service. The court president would notify the justice minister and the National Council of the Judiciary.

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This is a solution that responds to calls for reducing the workload of judges who, partly because of their age and the effort involved in their service, have lost the ability to adjudicate at their previous level while remaining valuable employees of the justice system.

Judges could then request a 25%, 50% or 75% reduction in their caseload. Their basic salary and seniority allowance would fall by the same proportion, while they would also receive an appropriately reduced amount corresponding to what they would have received after entering retirement. The bill's justification says the arrangement responds to the needs of judges who can no longer manage their previous workload because of age and the demands of service, but remain valuable members of the judiciary.

The same age rules apply to prosecutors under the prosecution law, but the bill specifically excludes the provision allowing a smaller caseload. Prosecutors could work longer, but would receive neither reduced duties nor the dual, proportionally reduced payment. The justification attributes the difference to the distinct nature of prosecutors' work and the different rules for assigning cases. Prosecutor Robert Kmieciak, president of the Lex Super Omnia association, said the lack of such a mechanism affects the prospect of continued work after retirement age.

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because of the different nature of prosecutors' work and the different rules for assigning cases