Biznes Fakty
Bailiff profession. The President signed an amendment introducing changes to the length of service until the age of 70.
Bailiffs will now be permitted to serve until the age of 70, following an amendment to the legislation signed by President Andrzej Duda. Previously, the law permitted work only until the age of 65. This same amendment also removes the previously established maximum duration of bailiff assistance, which was limited to six years.
The Sejm approved an amendment to the judiciary bailiffs act at the end of June this year. The Senate ratified the act in mid-July without any alterations. The President, as stated by the Presidential Chancellery, signed the amendment on Thursday.
The conclusion of mandatory retirement
The Ministry of Justice, which crafted the amendment, explained that the primary aim was to eliminate the compulsory retirement of bailiffs at 65 and to abolish the six-year limit on the duration of judicial review.
The Ministry of Justice highlighted that during the PiS administration, regulations were introduced that „disadvantaged the bailiff profession in comparison to other legal professions,” with the age cap for practicing set at 70. Conversely, as per ministry representatives, „in the case of court bailiffs, a break was established that completely prohibited them from continuing their service and mandated the Ministry of Justice to issue a relevant administrative decision.”
„From 2019 to 2021, the Minister of Justice removed 21 bailiffs from their positions on this basis, specifically because they had attained the age of 65. Some bailiffs contested these decisions in administrative courts, and 10 such rulings were challenged,” remarked Tomasz Kozłowski from the Department of Judgment Enforcement and Probation at the Ministry of Justice during the July meeting of the Senate Human Rights and Rule of Law Committee.
The discriminatory nature of the regulations
In recent years, this matter has been examined by administrative courts, which – as emphasized by the Ministry of Justice – „clearly and unanimously indicated the discriminatory nature” of the existing regulation. All contested decisions were ultimately annulled. It was noted, for instance, that this entire professional group was treated differently than others, such as notaries.
In other laws pertaining to legal professions, the age limit is defined differently. According to the Notarial Law, a notary is dismissed by the minister upon reaching 70 years of age. The Common Courts Law states that a judge retires at 65, unless they inform the National Council of the Judiciary of their intention to continue in office and provide a health certificate. In such instances – if the National Council of the Judiciary consents – a judge may serve until the age of 70. The rules governing the Bar and Legal Counsel do not impose an upper age limit for practicing as an attorney or legal advisor.
„As a result of these decisions being overturned, compensation claims have been lodged against the State Treasury by the dismissed bailiffs. These claims currently amount to PLN 14 million. None have yet been legally awarded; they are at various stages of judicial review, but we anticipate that such compensation will be granted,” Kozłowski announced last week.
Bailiffs can, but are not obliged to, work longer
At the same time, as outlined, allowing bailiffs to continue their profession until they reach 70 does not preclude the possibility of retirement when the bailiff attains the age qualifying for retirement benefits. „Extending the age of eligibility to practice does not, therefore, ensure that all bailiffs and assessors will remain actively engaged until the age of 70,” the rationale for the amendment indicated.
The transitional provisions of the amendment permit a bailiff dismissed due to age to be reinstated – no later than until they reach the age of 70.
The Law and Justice party (PiS) consistently opposed the amendment. While still in the Sejm, Sebastian Kaleta, a former deputy head of the Ministry of Justice and MP from this party, expressed his disagreement with the Ministry of Justice „initiating changes in this area by providing lucrative benefits to individuals who have earned millions as bailiffs, often without any formal qualifications.”
The amendment to the Bailiffs Act also removes the current maximum six-year limit for a bailiff’s apprenticeship, permitting assessors unlimited time to acquire experience. „This is a sensible return to the former statutory provisions, which did not impose a specific deadline compelling assessors to apply for appointment as bailiffs at a time when they might not be prepared,” the rationale for the amendment explains.
The amendment is set to take effect 14 days after its announcement.
