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03.03.2015
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In a ruling of 3 March 2015, the Constitutional Tribunal found that Customs Service officials not being covered by the pension system is contrary to the constitutional principle of equality. The Tribunal stated that, given the tasks entrusted to customs officials, i.e. to recognise, disclose, prevent and combat specified offences and misdemeanours, the legal situation of Customs Service officials shows a striking similarity to that of police officers, who are entitled to a uniformed service personnel pension – on conditions that are more favourable than in the general pension system.
According to the Tribunal's ruling "article 1, article 18a(1) and article 18b(1) of the Act of 18 February 1994 on Providing Pensions to Police, Internal Security Agency, Foreign Intelligence Agency, Military Counterintelligence Service, Central Anti-corruption Bureau, Border Guards, Government Protection Bureau, State Fire Service and Prison Service Officials and their Families under article 32 of the Polish Constitution in the scope in which Customs Service officials who perform the tasks listed in article 2(1)(4)-(6) of the Customs Service Act of 27 August 2009 are omitted from the list of persons entitled to a pension”.
Proceedings in the case were initiated by, inter alia, applications from the Association of Trade Unions of the Polish Customs Service and the Federation of Customs Service Trade Unions represented by Tomasz Zalasiński. The applications were prepared by Marcin Matczak and Tomasz Zalasiński in DZP's Regulatory Advisory Team, which also includes Piotr Najbuk and Anna Hlebicka-Józefowicz.
For the purpose of the proceedings before the Constitutional Tribunal and work on amendments to the Customs Service Act, in July 2013 the Team also drew up a Regulatory Report on the scope of protection of the pension rights of Customs Service officials and the preferred direction of normative changes to adapt the scope of protection to the requirements of the Polish Constitution that was attached to the constitutional applications.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: iod@dzp.pl.
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