fourth section decision the facts
Transcription
fourth section decision the facts
FOURTH SECTION DECISION Application no. 15189/10 Adam CICHOPEK against Poland and 1,627 other applications (see list appended) The European Court of Human Rights (Fourth Section), sitting on 14 May 2013 as a Chamber composed of: Ineta Ziemele, President, Päivi Hirvelä, George Nicolaou, Ledi Bianku, Zdravka Kalaydjieva, Krzysztof Wojtyczek, Faris Vehabović, judges, and Francoişe Elens-Passos, Section Registrar, Having regard to the applications listed on the appendix, Having deliberated, decides as follows: THE FACTS 1. A list of all the applicants is set out in the appendix. A. Background 2. The so-called “public security authorities” (“aparat bezpieczeństwa publicznego” or “organy bezpieczeństwa publicznego), i.e. a Polish communist secret police apparatus, operated in 1944-1990. 2 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION The apparatus, which was reshaped several times, consisted of different services and institutions, comprising the political police and special armed forces. It was patterned on the NKVD (Народный комиссариат внутренних дел/Narodnyy Komissariat Vnutrennikh Del, i.e. the Soviet People’s Commissariat for Internal Affairs) and the KGB (Комитет государственной безопасности/Komitet Gosudarstvennoy Bezopasnosti, i.e. the Committee for State Security) and established (under the supervision of the NKVD) in 1944 with a view to securing Communist rule and combating, suppressing and eliminating groups of political opposition, including the post-war underground resistance against Communism and the Polish Church. In the 1950s these organs were in charge of prisons and labour camps; at that time, they were also competent to conduct criminal investigations under the rules of criminal procedure (see Domalewski v. Poland (dec.), no. 4610/97, ECHR 1999-V). From 1956 onwards, when the level and nature of repression changed, their tasks involved in the protection of the communist system included, among other things, the control and infiltration of Polish society secured by its own members and through a system of paid or unpaid informers and secret collaborators, denunciation, monitoring of persons in, or cooperating with, the opposition, political opponents, priests and other persons suspected of being in any way associated with anti-communist ideas or critical of the communist party’s programme, its role and members 3. The general information concerning the public security service published on the official website of the Institute of the National Remembrance - Commission for the Prosecution of Crimes against the Polish Nation (Instytut Pamięci Narodowej – Komisja Ścigania Zbrodni przeciwko Narodowi Polskiemu – “the IPN”)1 reads, in so far as relevant, as follows: “Since 1944 until 1990 the functionaries of the security services constituted “the armed arm of the communist party”. The main goal of the services was to protect the communists from society and to eliminate opposition. ... First, the Security Services operated within the Ministry of Public Security which was created in summer 1944. The executive staff of the Ministry had been trained in NKVD school in Kuibyshev (USSR). Apart from the central office, the ‘soviet 1. www.ipn.gov.pl; The IPN’s mission is described on its website as follows: “The Institute of National Remembrance was created to address issues which are considered essential to the legislative power in Poland, primarily to preserve the memory of: the losses which were suffered by the Polish Nation as a result of World War II and the post-war period; patriotic traditions of fighting against occupants, Nazism and Communism; citizens' efforts to fight for an independent Polish State, in defence of freedom and human dignity; and to fulfil: the duty to prosecute crimes against peace, humanity and war crimes; the need to compensate damage suffered by the repressed and harmed people at the times when human rights were violated by the State”. CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 3 advisers’ were sent to all newly-created regional Offices of Public Security throughout Poland. The official activity of the Ministry of Public Security started on 1 January 1945 and its wide range of power was not limited by law. The Ministry focused on achieving goals set by the Polish Workers’ Party (PPR) [Polska Partia Robotnicza] and later the Polish United Workers’ Party (PZPR) [Polska Zjednoczona Partia Robotnicza]. At the peak of its expansion in 1953 there were 33,000 functionaries working within the ministry structures. Additionally, a network of 73,000 informers (in the mid 1950s) collaborated with the ministry. The informers were recruited by means of brutal intimidation or promises of financial gain. Nevertheless, some of the informers, especially members of the communist party, volunteered for the work. Offices of Public Security and their informants kept under surveillance the political parties, national and local public administration, social and religious organisations, factory workers and, in general, social attitudes. One third of adult Poles were registered in the ministry’s files because they constituted ‘a dubious element’. In 1954 the Ministry of Public Security was replaced by the Ministry of Interior Affairs (MSW) and the Committee of Public Security Affairs. In 1956 the Committee was disbanded and its competences and staff transferred to the Ministry of [the] Interior .... The Security Service (SB) operated in Poland between 1956 and 1990. The fall of the communist system in Poland in 1989 brought an end to the existence of this political police and organ of terror, which was hostile to Polish society throughout its existence. ...” 4. The Security Service operated through the following main structures: Department I (for intelligence), Department II (for counter-intelligence); Department III (for anti-State activities against the country in the sphere of ideology, culture and education; the tasks involved, inter alia, infiltration of artistic, intellectual, academic, journalist and similar circles, finding secret collaborators within those groups as well as monitoring of targeted persons), Department IV (church and religious associations; the tasks involved infiltration of targeted groups, monitoring etc.), Department V (for protection of industry and anti-State activities in industry and within workers unions and circles), the Office of Foreign Passports (Biuro Paszportów), the so-called Bureau "A" (cipher); Bureau "B" (observation) and Bureau "W" (oversight of correspondence), Bureau “T” (operational techniques). The subordinate units at local level had departments organised in the same way. In 1983-1990 they were organised in regional (wojewódzkie) and district (rejonowe) offices for internal affairs (urzędy spraw wewnętrznych). 5. Following the fall of Communism in Poland, the Security Service was dissolved by virtue of the law of 6 Apri1 1990 on the Office for State Protection (ustawa o Urzędzie Ochrony Państwa) (“the 1990 Act”), a new body responsible for intelligence and counter-intelligence. At that time the Security Service comprised around 30,000 persons, including some 4 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 24,000 functionaries. They could be re-employed by the Office for State Protection on condition that they successfully passed a vetting procedure, which some 14,000 officers underwent. 10,439 persons were eventually found suitable for re-employment and 3,595 were vetted negatively and not retained (see also paragraphs 57-62 below). 6. On 23 January 2009 Parliament enacted the Act on amendments to the law on old-age pensions of professional soldiers and their families and to the law on old-age pensions of functionaries of the police, the Internal Security Agency, the Intelligence Agency, the Military Counter-Intelligence Service the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Protection Bureau, the State Fire Service, the Prison Service and their families (ustawa o zmianie ustawy o zaopatrzeniu emerytalnym żołnierzy zawodowych oraz ich rodzin oraz ustawy o zaopatrzeniu emerytalnym funkcjonariuszy Policji, Agencji Bezpieczeństwa Wewnętrznego, Agencji Wywiadu, Służby Kontrwywiadu Wojskowego, Służby Wywiadu Wojskowego, Centralnego Biura Antykorupcyjnego, Straży Granicznej, Biura Ochrony Rządu, Państwowej Straży Pożarnej i Służby Więziennej oraz ich rodzin – “the 2009 Act”). The 2009 Act, which entered into force on 16 March 2009, introduced new rules for the calculation of the pensions of former functionaries of the State security service into the law of 18 February 1994 on old-age pensions of functionaries of the police, the Internal Security Agency, the Intelligence Agency, the Military Counter-Intelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Protection Bureau, the State Fire Service, the Prison Service and their families (ustawa o zaopatrzeniu emerytalnym funkcjonariuszy Policji, Agencji Bezpieczeństwa Wewnętrznego, Agencji Wywiadu, Służby Kontrwywiadu Wojskowego, Służby Wywiadu Wojskowego, Centralnego Biura Antykorupcyjnego, Straży Granicznej, Biura Ochrony Rządu, Państwowej Straży Pożarnej i Służby Więziennej oraz ich rodzin – “the 1994 Act”). In particular, one of the coefficients relevant for the calculation of pensions of former functionaries was lowered from 2.6% to 0.70% for each year of service with the former communist State security authorities in the period from 1944 to 1990 (see also paragraphs 68-72 below). For the purposes of the 2009 Act, the State security authorities are those listed in the law of 18 October 2006 on the disclosure of information of documents of the State security authorities in the years 1944-1990 and the content of such documents (ustawa o ujawnianiu informacji o dokumentach organów bezpieczeństwa państwa z lat 1944-1990 oraz treści tych dokumentów – “the 2006 Act” (see also paragraphs 66-67 below). CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 5 B. The circumstances of the cases 7. The facts of the case, as submitted by the applicants, may be summarised as follows. 1. Cichopek v. Poland (no. 15189/10) 8. The applicant, Mr Adam Cichopek, is a Polish national who was born in 1943. He lives in Chrzanów. 9. From 1969 to 1990 the applicant served in the Security Service, holding various posts. Starting as an operational inspector in 1969, he was promoted to the post of Deputy Commandant of the District Office for Internal Affairs (Rejonowy Urząd Spraw Wewnętrznych) responsible for the Security Service. In 1990, on his dismissal from service, he held the rank of major. 10. On 4 November 2009 the Director of the Board for Pensions of the Ministry of the Interior and Administration (Dyrektor Zakładu EmerytalnoRentowego Ministerstwa Spraw Wewnętrznych i Administracji), pursuant to section 15b read in conjunction with section 32(1)(1) of the 1994 Act and on the basis of information received from the IPN (see also paragraphs 70-72 below), issued a decision on the re-assessment of the applicant’s pension, whereby his benefit was reduced from 3,038.38 Polish zlotys (PLN) to PLN 1,652.60 monthly. According to the applicant, after taxation, the net amount of his current pension was PLN 1,380.87. 11. The applicant lodged an appeal against that decision with the Warsaw Regional Court – Social Security Division (Sąd Okręgowy – Wydział Ubezpieczeń Społecznych). He sought to have his previous pension restored, submitting that the impugned decision was based on legal provisions which were incompatible with Articles 2, 10, 31 § 3 and 31 of the Constitution (see also paragraphs 77-84 below) and that it had been contrary to international law. 12. On 23 April 2012 the Regional Court dismissed his appeal as unfounded. Relying on the Constitutional Court’s judgment of 24 February 2010, whereby a challenge to the constitutionality of the 2009 Act had meanwhile been examined and rejected (see also paragraphs 85-106 below), the court held that the relevant provisions of the 2009 Act had been applied correctly in the applicant’s case. 13. The applicant lodged an appeal on 1 June 2012. According to the most recent information supplied by the applicant on 31 December 2012, the proceedings were still pending before the Warsaw Court of Appeal (Sąd Apelacyjny) and no hearing date had yet been set. 2. Romański and Others v. Poland (no. 24434/10) 14. The application was lodged by eleven Polish nationals: Mr Janusz Romański (“the first applicant”) was born in 1937, Mr Andrzej Gomuliński 6 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION (“the second applicant”) was born in 1943, Ms Barbara Gomulińska (“the third applicant”) was born in 1944, Ms Janina Męcik (“the fourth applicant”) was born in 1942, Ms Danuta Makuch (“the fifth applicant”) was born in 1945, Mr Lech Męcik (“the sixth applicant”) was born in 1938, Ms Wanda Wacławik (“the seventh applicant”) was born in 1942, Ms Stanisława Fortuna (“the eighth applicant”) was born in 1931, Ms Elżbieta Duda (“the ninth applicant”) was born in 1941, Ms Wiesława Giera (“the tenth applicant”) was born in 1936 and Ms Wiesława Przewrocka (“the eleventh applicant”) was born in 1946. The applicants, except for the fourth applicant who lives in Mysiadło, live in Warsaw. In the proceedings before the Court they were represented by Ms M. Gąsiorowska, a lawyer practising in Warsaw. 15. Except for the first applicant who was positively vetted in 1990, the remaining applicants were not subjected to the vetting procedure (see also paragraph 5 above and paragraphs 57-62 below). 16. On 16 November 2009 the Director of the Board for Pensions of the Ministry of the Interior and Administration, pursuant to section 15b read in conjunction with section 32(1)(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the re-assessment of the first applicant’s pension, whereby his benefit was reduced from PLN 2,365.95 (gross) to PLN 1,676.76 monthly. After taxation, the net amount of his current pension was PLN 1,399.85. 17. Similar decisions reducing their pensions were issued in respect of the remaining applicants: – on 22 October 2009 the second applicant’s benefit was reduced from PLN 3,273. 85 (gross) to PLN 1,411.68 (gross). After taxation, the net amount of his current pension was PLN 1,186.63; – on 29 October 2009 the third applicant’s retirement pension was reduced to PLN 1,370.97 (gross)/PLN 1,308,97 (net); the applicant failed to indicate the previous amount. However, at the same time, payment of this benefit was suspended because she had also the right to a disability pension, which was more advantageous. The amount of her current disability pension was PLN 1,563.70; – on 9 November 2009 the fourth applicant’s retirement pension was reduced to PLN 1,500.88 (gross); the applicant failed to indicate the previous amount. However, at the same time, payment of this benefit was suspended because she had also the right to a disability pension, which was more advantageous. The amount of her current disability pension was PLN 1,512.99 (gross); – on 16 October 2009 the fifth applicant’s benefit was reduced to PLN 1,063.69 (gross)/PLN 904.93 (net); the applicant failed to indicate the previous amount; – on 9 November 2009 the sixth applicant’s benefit was reduced from PLN 3,895.61(gross) to PLN 2,892.73 (gross); CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 7 – on 3 November 2009 the seventh applicant’s benefit was reduced from PLN 2,478.47 (net) to PLN 1,766.51 (gross)/PLN 1,472.52 (net); – on 13 October 2009 the eight applicant’s benefit was reduced to PLN 1,429.74 (gross); the applicant failed to indicate the previous amount; – on 27 October 2009 the ninth applicant’s retirement pension was reduced from PLN 2,689.44 to PLN 1,243.87 but, at the same time, payment of this benefit was suspended because she had also the right to a disability pension, which was more advantageous. The amount of her current disability pension was PLN 1,344.72; – on 19 October 2009 the tenth applicant’s old-age pension was reduced from PLN 2,407.22 to PLN 1,687.11; – on 2 December 2009 the eleventh applicant’s old-age pension was reduced from PLN 1,671.45 to PLN 1,002.79. 18. The applicants on various dates appealed to the Warsaw Regional Court – Social Security Division, submitting in essence that the social security authority had misinterpreted the provisions of the 2009 Act and that the impugned decisions were unlawful and contrary to the Constitution and international treaties ratified by Poland. In particular, they relied on Articles 2, 8, 10 30 and 32 of the Constitution, asserting that the legislature had overstepped its competence because it had imposed collective punishment on them, that it had failed to respect the principle of protection of acquired rights and that they were discriminated against on account of their service in the State security authorities. They also invoked Articles 6, 7, 13 and 14 of the Convention and Article 1 of Protocol No. 1 to the Convention. 19. The applicants have not informed the Court about the outcome of the appeal proceedings, except for the second applicant who produced a copy of the Supreme Court’s decision of 23 November 2012, refusing to entertain his cassation appeal against the judgment of the Warsaw Court of Appeal. It emerges from that decision that the Warsaw Regional Court dismissed the applicant’s appeal against the pension decision on 16 May 2011 and that his appeal against that judgment was dismissed by the Warsaw Court of Appeal on 12 January 2012. 3. Giętkowska v. Poland (no. 34213/12) 20. The applicant, Ms Ewa Giętkowska, is a Polish national born in 1954 and living in Serock. In the proceedings before the Court she was represented by Mr S. Pikulski, a lawyer practising in Warsaw. 21. From 16 July 1984 to 1 October 1989 the applicant was employed in the Office of Foreign Passports of the Warsaw District Headquarters of the Civic Militia. From 2 October 1989 to 15 July 2003 she was a policewoman in the Warsaw-Ochota District Police Headquarters and then in the WarsawCity District Police Headquarters. She worked in the Investigation Department and the Homicide Department. The applicant retired on 15 July 2003. 8 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 22. On 19 October 2009 the Director of the Board for Pensions of the Ministry of the Interior and Administration, pursuant to section 15b read in conjunction with section 32(1)(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the re-assessment of the applicant’s pension, whereby her benefit was reduced from PLN 3,010 to PLN 2,462.95 monthly. That meant that instead of receiving as before 78.84% of her pension’s basis of assessment, she received 52.80% of that amount. 23. On 12 November 2009 the applicant appealed to the Warsaw Regional Court – Social Security Division. The court dismissed her appeal on 7 January 2011. The applicant lodged an appeal against the judgment. On 7 July 2011 the Warsaw Court of Appeal rejected the appeal. 24. On 10 October 2011 the applicant lodged a cassation appeal (skarga kasacyjna). The Court of Appeal rejected it as inadmissible on 17 October 2011. The applicant’s further interlocutory appeal (zażalenie) against that decision was dismissed by the Supreme Court on 3 February 2012. 4. Poniecki v. Poland (no. 57285/12) 25. The applicant is a Polish national, born in 1954 and living in Łódź. In the proceedings before the Court he was represented by Mr T. Srogosz, a lawyer practising in Częstochowa. 26. From 16 April 1976 to 30 May 1999 the applicant was a functionary of the Civic Militia and, after having been positively vetted in 1990, of the Police (Policja). He began his career from a clerk in the field of operational techniques (referent techniki operacyjnej) in the Office of Foreign Passports and, until 31 July 1990, he held various posts in units of Bureau “B” and Bureau “T” of the Security Service (see also paragraph 4 above). In June-September 1982 the applicant participated in a special course for the Security Service. In 1983-1986 he followed extramural studies at the Legionowo Officer Academy of the Ministry of the Interior (Wyższa Szkoła Oficerska Ministerstwa Spraw Wewnętrznych), an academy which trained officers for the Security Service. 27. On 1 June 1999 the applicant retired and was granted the right to an old-age pension corresponding to 63.19% of its basis of assessment. 28. On 16 November 2009 the Director of the Board for Pensions of the Ministry of the Interior and Administration, pursuant to section 15b read in conjunction with section 32(1)(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the re-assessment of the applicant’s pension, whereby his benefit was reduced from PLN 3,318.51 gross to PLN 2,549.03 gross monthly. 29. In a subsequent decision, issued on 17 December 2009, the applicant’s pension was assessed at PLN 2,549.03 gross and PLN 2,104.62 net. CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 9 30. The applicant appealed against both decisions to the Warsaw Regional Court – Social Security Division. He argued, among other things, that they were in breach of the constitutional principles of non-discrimination, protection of acquired rights and presumption of innocence, and also incompatible with Articles 6 and 7 of the Convention and Article 1 of Protocol No. 1 to the Convention. The court, noting that from 8 January 1978 to 31 July 1990 the applicant had been a functionary of the Security Service, which justified the application of the 2009 Act, and having regard to the Constitutional Court’s judgment of 24 February 2010 (see paragraphs 91-106 below), rejected the appeal on 15 July 2011. The judgment, following the applicant’s further appeal, was upheld by the Warsaw Court of Appeal on 5 April 2012. The court stressed that the amount of the applicant’s benefit – even after the reduction – remained higher that the average old-age pension under the general social security scheme. 5. Przybylski v. Poland (no. 32251/10) 31. The applicant is a Polish national born in 1948 and living in Poznań. In the proceedings before the Court he was represented by Mr P. Sowisło, a lawyer practising in Poznań. 32. The applicant was a functionary of the Security Service from 16 December 1973 to 31 March 1990. On the latter date he retired. 33. On 27 October 2009 the Director of the Board for Pensions of the Ministry of the Interior and Administration, pursuant to section 15b read in conjunction with section 32(1)(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the re-assessment of the applicant’s pension, whereby his benefit was reduced from PLN 2,163.42 to PLN 1,537.78 monthly. 34. The applicant appealed to the Warsaw Regional Court – Social Security Division, arguing that the provisions of the 2009 Act on which the impugned decision was based were unconstitutional. In particular, he alleged a breach of the principles of the protection of acquired rights, the separation and balance of powers, proportionality, equality before the law and non-discrimination. On 18 April 2011 the Regional Court, relying on the Constitutional Court’s judgment of 24 February 2010, dismissed the appeal. The applicant appealed. On 22 February 2012 the Warsaw Court of Appeal heard the appeal and partly amended the first-instance judgment, holding that in respect of the period from 1 October 1975 to 1 August 1978, during which the applicant had studied at the Legionowo Officer Academy of the Ministry of the Interior, the relevant coefficient for the pension’s basis of assessment should be 2.6%, not 0.7%. 10 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION The applicant has not informed the Court of the current, increased amount of his old-age pension. 6. Weber v. Poland (no. 12248/11) 35. The applicant is a Polish national, born in 1949 and living in Warsaw. In the proceedings before the Court the applicant was represented by Mr D. Sucholewski, a lawyer practising in Warsaw. 36. The applicant was a functionary of the Security Service from 6 December 1976 to 31 July 1990. On 16 May 1990 the Vetting Commission for Central Personnel gave a positive opinion on the applicant’s suitability for re-employment in the new state security institutions (see also paragraph 5 above and paragraphs 57-62 below). She continued service in the Office for State Protection until 30 June 1998, when she retired. 37. On 16 November 2009 the Director of the Board for Pensions of the Ministry of the Interior and Administration, pursuant to section 15b read in conjunction with section 32(1)(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the re-assessment of the applicant’s pension, whereby her benefit was reduced from PLN 2,267.72 to PLN 1,787.64 monthly. 38. On 24 November 2009 the applicant appealed to the Warsaw Regional Court – Social Security Division, maintaining that the provisions of the 2009 Act on which the impugned decision was based were unconstitutional. In particular, she alleged a breach of the principles of the protection of acquired rights, the separation and balance of powers, proportionality, equality before the law and non-discrimination. She has not informed the Court of the outcome of the proceedings. 7. Czajka v. Poland (no. 58207/11) 39. The applicant is a Polish national born in 1934 and living in Suwałki. In the proceedings before the Court he was represented by Ms B. Świątkiewicz, a lawyer practising in Warsaw. 40. The applicant was a functionary of the Security Service from 1 May 1960 to an unspecified date in 1990. He held various posts, beginning his career as an operational inspector. On the termination of service he held the rank of lieutenant colonel. The applicant was granted the right to a disability pension on 30 April 1990. He did not undergo the vetting procedure. 41. On 26 October 2009 and 17 December 2009 the Director of the Board for Pensions of the Ministry of the Interior and Administration, pursuant to section 15b read in conjunction with section 32(1)(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the re-assessment of the applicant’s pension, whereby his CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 11 benefit was reduced from PLN 4,365.30 to PLN 2,183.96 gross (1,982.50 net) monthly. 42. The applicant appealed against both decisions to the Warsaw Regional Court – Social Security Division, arguing that the provisions of the 2009 Act on which the impugned decision was based were unconstitutional. In particular, he alleged a breach of the principles of the protection of acquired rights, the separation and balance of powers, proportionality, equality before the law, non-discrimination and the right to social security. He submitted that the 2009 Act imposed collective punishment on former functionaries of the Security Service and that they were refused the right to a hearing and could not defend themselves against charges of a criminal nature laid against them in the preamble to that Act. The applicant also invoked Articles 6 and 7 of the Convention and Article 1 of Protocol No.1 to the Convention. On 30 May 2011 the Regional Court, relying on the Constitutional Court’s judgment of 24 February 2010 (see paragraphs 91-106 below) dismissed the appeal. The applicant appealed to the Warsaw Court of Appeal. He has not informed the Court of the outcome of the proceedings. 8. Kosiorek v. Poland (no. 44980/12) 43. The applicant is a Polish national, born in 1950 and living in Rogoźnik. In the proceedings before the Court she was represented by Ms A. K. Wojcieszuk-Kwiatkowska, a lawyer practising in Katowice. 44. The applicant was a functionary of the Security Service from 1 January 1970 to 31 May 1987. She held various posts, starting her career as a typist in the Investigation Department of the Katowice Security Service. On the termination of her service, she was a senior clerk in the field of operational techniques. She retired on 23 June 1987. 45. On 4 November 2009 the Director of the Board for Pensions of the Ministry of the Interior and Administration, pursuant to section 15b read in conjunction with section 32(1)(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the re-assessment of the applicant’s pension, whereby her benefit was reduced from 52% to 31.15% of the pension’s basis of assessment. This corresponded to PLN 862,70 monthly. 46. The applicant appealed to the Warsaw Regional Court – Social Security Division, maintaining that the provisions of the 2009 Act on which the impugned decision was based were unconstitutional and in breach of the Convention. On 25 May 2011 the Regional Court, relying on the Constitutional Court’s judgment of 24 February 2010 (see paragraphs 91-106 below), dismissed the appeal. The applicant’s appeal against the judgment was heard, and rejected, by the Warsaw Court of Appeal on 15 March 2012. 12 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 9. Aleksiuk v. Poland (no. 22543/12) 47. The applicant is a Polish national born in 1946 and living in Hajnówka. In the proceedings before the Court he was represented by Ms Z. Daniszewska-Dek, a lawyer practising in Białystok. 48. The applicant was a functionary of the Security Service from 1 November 1970 to 1 September 1975 and from 1 August 1978 to 1 January 1990. 49. On 27 October 2009 the Director of the Board for Pensions of the Ministry of the Interior and Administration, pursuant to section 15b read in conjunction with section 32(1)(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the re-assessment of the applicant’s pension, whereby his benefit was reduced from PLN 2,728.87 to PLN 1,509.28 monthly. 50. The applicant appealed to the Warsaw Regional Court – Social Security Division, maintaining that the provisions of the 2009 Act on which the impugned decision was based were unconstitutional, that that Act of itself was a form of political repression and revenge based on collective responsibility and that it was in breach of the Convention. He alleged, in particular, a violation of the constitutional principles of the protection of acquired rights, the separation and balance of powers, proportionality, equality before the law and non-discrimination and also invoked Articles 1 and 14 of the Convention. On 4 May 2011 the Regional Court, relying on the Constitutional Court’s judgment of 24 February 2010 (see paragraphs 91-106 below), dismissed the appeal. The Warsaw Court of Appeal rejected the applicant’s appeal against the first-instance judgment on 15 October 2011. 10. Wyszomirska and Others v. Poland (no. 62131/10) 51. The application was lodged by 15 Polish nationals: Ms Renata Wyszomirska (“the first applicant), born in 1946; Ms Ewa Linowska (“the second applicant”), born in 1958, Ms Grażyna Piasny (“the third applicant”), born in 1957; Ms Anna Kończak (“the fourth applicant”), born in 1947, Ms Katarzyna Pilarska (“the fifth applicant”), born in 1935, Ms Ewa Kamińska (“the sixth applicant”), born in 1957; Ms Urszula Kaczorowska (“the seventh applicant”) born in 1944; Mr Zbigniew Wyszomirski (“the eight applicant”) born in 1943; Mr Mariusz Klauzo (“the ninth applicant”), born in 1940; Mr Sławomir Kazimierz Tokarski (“the tenth applicant”) born in 1943; Mr Juliusz Kowalski (“the eleventh applicant”) born in 1950; Mr Stanisław Laskowski (“the twelfth applicant”), born in 1946; Ms Halina Czapska (“the thirteenth applicant”) born in 1961; Ms Ewa Stępniewska (“the fourteenth applicant”) born in 1957 and Ms Teresa Pieńkowska (“the fifteenth applicant”) born in 1951. The applicants, except for the seventh and the twelfth applicants who reside in CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 13 Legionowo, live in Warsaw. In the proceedings before the Court they were represented by Ms M. Gąsiorowska, a lawyer practising in Warsaw. 52. On 9 October 2009 the Director of the Board for Pensions of the Ministry of the Interior and Administration, pursuant to section 15b read in conjunction with section 32(1)(1) of the 1994 Act and on the basis of information received from the IPN, issued a decision on the re-assessment of the first applicant’s pension, whereby her benefit was reduced from PLN 2,015.53 (net) to PLN 1,780.46 (gross)/ PLN 1,484.22 (net) monthly. 53. Similar decisions were issued in respect of the remaining applicants: – on 12 October 2009 the second applicant’s benefit was reduced to PLN 3,072.16 (gross)/PLN 2,526.67 (net); the pension’s basis of assessment was reduced from 75% to 52.94%. Pursuant to an indexation decision of 12 March 2010, the applicant’s pension was fixed at PLN 2,689.41 (net). The applicant has failed to specify the amount before the decrease but an indexation decision of 4 May 2009, which she produced, stated that her pension was fixed at PLN 3,560.62 (net). – on 26 February 2010 the third applicant’s benefit was reduced to PLN 3,103.40 (net); she has failed to specify the amount before the decrease. On 16 June 2010 her old-age pension was lowered to PLN 2,455.04 (net) due to the fact that she was in paid employment, which justified a statutory reduction of her social security benefits; – on 28 October 2009 the fourth applicant’s benefit was reduced from PLN 1,669.85 (net) to PLN 1,100.97 (gross)/PLN 934.88 (net); – on 23 October 2009 the fifth applicant’s benefit was reduced to PLN 944.38 (gross)/PLN 809.39 (net). The applicant has failed to specify the amount before the decrease; – on 12 October 2009 the sixth applicant’s benefit was reduced from 4,341.31 (gross) to PLN 3,261.77 (gross); the pension’s basis of assessment was reduced from 75% to 56.35% ; – on 24 November 2009 the seventh applicant’s benefit was reduced from PLN 2,368.61(gross) to PLN 1,344.31 (gross); – on 28 October 2009 the eighth applicant’s benefit was reduced to PLN 1,805.61 (gross); according to the applicant, his pension’s basis of assessment was reduced from 75% to 43.53%. He has not specified clearly the amount before the decrease but an indexation decision of 27 February 2009, which he submitted, stated that the net amount of his pension was fixed at PLN 2,557.98 (net) in 2009. In his case, the social security authority issued three decisions: the first of 28 October 2009 (described above), the second of 17 December 2009 specifying the gross (PLN 1,805.61) and net (PLN 1,504.11) amounts of his pension and the third (indexation decision) of 26 February 2010 fixing his pension at PLN 1,699.94 (net); – on 15 October 2009 the ninth applicant’s benefit was reduced from PLN 2,698.19 (net) to PLN 1,596.77 (gross)/PLN 1,336.06 (net) ; 14 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – on 8 October 2009 the tenth applicant’s benefit was reduced from PLN 3,504.73(gross) to PLN 2,245.65 (gross); – on 4 November 2009 the eleventh applicant’s benefit was reduced to PLN 1,703.78 (gross). The applicant has failed to state clearly the amount before the decrease but an indexation decision of 27 February 2009, which he submitted, indicated that for 2009 his pension was increased to PLN 1,952.69 (gross)/PLN 1,622.95 (net). Subsequently, by an indexation decision of 26 February 2010, the applicant’s gross pension of PLN 1,782.50 was reduced by PLN 1,336.87 due to the fact that he was in paid employment, which justified a statutory reduction of his old-age benefits. In consequence, the applicant’s pension was fixed at PLN 1,125.55 (net) for 2010. – on 23 September 2009 the twelfth applicant’s benefit was reduced from PLN 2,321.01 (net) to PLN 1,765.00 (gross)/PLN 1,471.15 (net); – on 9 October 2009 the thirteenth applicant’s benefit was reduced to PLN 1,742.45 (gross)/PLN 1,453.63; the pension’s basis of assessment was reduced from 45.75% to 35.46%. The applicant has failed to state clearly the amount before the decrease but an indexation decision of 27 February 2009, which she submitted, indicated that her pension was fixed at PLN 2,258.40 (gross)/PLN 1,870.14 (net) for 2009; – on 13 October 2009 the fourteenth applicant’s benefit was reduced to PLN 1,450.51 (gross)/PLN 1,217.96 (net); the pension’s basis of assessment was reduced from 55.19% to 42.52%. The applicant has failed to state clearly the amount before the decrease; – on 19 October 2009 the fifteenth applicant’s benefit was reduced from PLN 3,418.28 (gross)/PLN 2,806.63 (net) to PLN 2,954.31 (gross)/ PLN 2,432.42 (net). 54. The applicants, on various dates, appealed to the Warsaw Regional Court – Social Security Division, submitting in essence that the social security authority had misinterpreted the provisions of the 2009 Act and that the impugned decisions were unlawful and contrary to the Constitution and international treaties ratified by Poland. In particular, they relied on Articles 2, 8, 10, 30 and 32 of the Constitution, asserting that the legislature had overstepped its competence because it had imposed collective punishment on them, that it had failed to respect the principle of protection of acquired rights and that they were discriminated against on account of their service with the State security authorities. They also invoked Articles 6, 7, 13 and 14 of the Convention and Article 1 of Protocol No. 1 to the Convention. The applicants have not informed the Court about the outcome of the appeal proceedings. CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 15 11. Remaining cases listed in the appendix 55. In the remaining 1,618 cases the applicants, on various dates between September and December 2009, received similar decisions reducing their pensions with effect from 1 January 2010 issued by the Director of the Board for Pensions of the Ministry of the Interior and Administration. As in the cases described above, those decisions were based on section 15b read in conjunction with section 32(1)(1) of the 1994 Act and information on their employment in the State security authorities received from the IPN. 56. Most applicants contested – unsuccessfully – the decisions before the Warsaw Regional Court. The court, rejecting their appeals, relied on the same grounds as those cited above. Subsequently, the vast majority of the applicants lodged appeals with the Warsaw Court of Appeal. The appeals, except for a few cases where certain parts of the first-instance judgments relating to technical points or mistakes in the calculations were amended, were dismissed (see also paragraphs 12, 30, 34, 42, 46 and 50 above). Certain applicants have failed to inform the Court of the outcome of the appeal proceedings and, as it emerges from the material in the Court’s possession, some cases are still pending before the domestic courts. C. Relevant domestic law and practice 1. Vetting procedure for former functionaries of the Security Service (a) The 1990 Act 57. The 1990 Act entered into force on 10 May 1990. It was repealed on 29 June 2002 and replaced by the law of 24 May 2002 on the Internal Security Agency and the Intelligence Agency (ustawa o Agencji Bezpieczeństwa Wewnętrznego oraz Agencji Wywiadu). Section 129(1) of the 1990 Act read: “The Security Service shall be dissolved once the Office for State Protection has been set up.” Section 131 read: “1. Once the Office for State Protection has been set up, functionaries of the Security Service shall be dismissed from the service by virtue of law. 2. The [preceding] provision shall also apply to functionaries of the Civil Militia (Milicja Obywatelska) who were functionaries of the Security Service on 31 July 1989.” 58. Pursuant to section 132 § 2, the Cabinet was to determine, within ten days following the 1990 Act’s entry into force, the procedure and conditions for admission to service and re-employment of former functionaries of the 16 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION Security Service. On 21 May 1990 the Cabinet issued Resolution 69 on the procedure and conditions for admitting functionaries of the Security Service to service in the Office for State Protection and other organisational units under the Minister of the Interior, and on their employment in the Ministry of the Interior (uchwała w sprawie trybu i warunków przyjmowania byłych funkcjonariuszy Służby Bezpieczeństwa do służby w Urzędzie Ochrony Państwa i w innych jednostkach organizacyjnych podległych Ministrowi Spraw Wewnętrznych oraz zatrudniania ich w Ministerstwie Spraw Wewnętrznych – “the 1990 Resolution”). 59. Under section 133 of the 1990 Act, functionaries of the former Security Service and Civic Militia who were admitted to service or reemployed in organisational units under the Minister of the Interior preserved continuity of their service or employment. (b) The 1990 Resolution 60. The 1990 Resolution (which was repealed on 30 March 2001) set up the Vetting Commission for Central Personnel (Komisja Kwalifikacyjna do Spraw Kadr Centralnych) and regional vetting commissions (wojewódzkie komisje kwalifikacyjne). Pursuant to paragraphs 5 and 6, the regional vetting commissions instituted a procedure on an application from a former functionary and gave opinions on candidates. The Vetting Commission for Central Personnel was responsible for the supervision of the process, handling appeals against the regional commissions’ opinions and reporting on the conduct of vetting proceedings to the Cabinet. 61. Pursuant to paragraph 7.1, a regional vetting commission evaluated the usefulness of a candidate for service on the basis of his application, personal files, records of service and other documents supplied. It could also, of its own motion or at the candidate’s request, conduct an interview. 62. Paragraph 8.1 of the 1990 Resolution read as follows: “A regional vetting commission shall give a positive opinion on a candidate if it is satisfied that he meets the requirements for a functionary of a given service or for an employee of the Ministry of the Interior specified by law and if it is convinced that he has moral standing (kwalifikacje moralne) to perform service, in particular: 1) in the course of his service he has not infringed the law; 2) he has performed his duties in a manner not infringing the rights and dignity of other persons; 3) he has not used his function for unofficial purposes.” CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 17 2. The 1994 Act 63. Section 13 of the 1994 Act in the version applicable until 15 March 2009, before the entry into force of the 2009 Act (see paragraph 6 above), read as follows: “1. The following types of service shall be treated as equivalent to service in the police, the Office for State Protection, the Border Guard, the State Fire Service or the Prison Service: 1) service performed as a functionary of the national police, the State security service, public order and national security authorities, other than service referred to in subsection 2; 2) military service relevant for the determination of the right to a military pension; 3) service performed as a functionary of the Rail Security Guard (Służba Ochrony Kolei) if [the person concerned] was transferred directly to service in the Civic Militia or the Prison Service before 1 April 1955; 4) employment or service in professional units for fire protection and education in firefighter schools, as a member of the Fire Service Technical Corps, or as a functionary of the Fire Service before 31 January 1992. 2. Subsection 1 shall not apply to service performed between 1944 and 1956 as a functionary of the State security service, public order and national security authorities if, in the course of performing his duties, a functionary committed an offence against justice or [offence] infringing the personal rights of a citizen and, in consequence, was dismissed from service in disciplinary proceedings or if criminal proceedings against him were discontinued in view of the minimal degree of social danger of his act, or if he was convicted for an intentional offence by a final judgment of a court.” 64. Section 15(1) of the 1994 Act, in the version applicable until 16 March 2009, read, in so far as relevant: “The retirement pension of a functionary who remained in service before 2 January 1999 shall amount to 40% of its basis of assessment2 for the first fifteen years of service and shall be increased by: 1) 2.6% of the basis of assessment – for each subsequent year of service; 2) 2.6% of the basis of assessment – for each year of contributory periods preceding service but not for more than three years from those contributory periods; 3) 1.3% of the basis of assessment – for each year of contributory periods over and above the three year contributory period referred to in subsection 2; 4) 0.7% of the basis of assessment – for each non-contributory year preceding service.” 2. The “basis of assessment of a pension” (podstawa wymiaru emerytury) is an income which constitutes a reference base for calculating pension contributions. 18 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 65. Under the 1994 Act and previous uniformed services pension laws a professional soldier and a functionary of a uniformed service were entitled to a retirement pension after 15 years of service. Accordingly, a condition for the acquisition of pension rights was the requisite period of service, not the reaching of a certain age. The right to a retirement pension under the uniformed services pension scheme as applicable in the past and currently was not linked with the requirement to pay contributions by the person concerned since those pensions were financed from State funds. 3. Definition of “State security authorities” under the 2006 Act 66. The preamble to the 2006 Act reads as follows: “We hereby recognise that employment or service in the security authorities of the Communist state, or assistance provided to those authorities by an informer, consisting in combating democratic opposition, trade unions, associations, churches and religious organisations, violations of the right to freedom of expression and assembly, the right to life, liberty, property and security of citizens, was inextricably linked with violations of human and civil rights committed in the name of the Communist totalitarian regime. Having regard to the foregoing and the need to ensure that functions, posts and professions requiring public confidence are held by persons whose conduct shows, and has showed in the past, their honesty, nobility, a sense of responsibility for their words and acts, civil courage and integrity; also having regard to the constitutional guarantees securing to citizens the right to information on persons who have held such positions, have enacted as follows ...” 67. The relevant parts of section 2 of the 2006 Act read as follows: “1. State security .... authorities, within the meaning of this Act, shall be: 1) the Department of Public Security of the Polish Committee of National Liberation; 2) the Ministry of Public Security; 3) the Committee for Public Security; 4) organisational units subordinate to the authorities mentioned in points 1-3, in particular the units of the Civic Militia in the period up to 14 December 1954; 5) central bodies of the Security Service of the Ministry of the Interior and their subordinate local units in the regional, district, and equivalent Civic Militia headquarters, as well as in the regional, district, and equivalent offices for internal affairs; 6) the Academy of Internal Affairs; 7) the Reconnaissance Unit of the Border Defence Force; CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 19 8) the Main Board of the Internal Service of the military units of the Ministry of the Interior and their subordinate sections; 9) the Military Information Corps; 10) the Military Internal Service; 11) Directorate II of the General Staff of the Polish Army; 12) other services of the Armed Forces providing operational intelligence or conducting investigative activities, including those within various armed services and branches and within military districts. ... 3. Within the meaning of this Act the State security service units shall be those units of the Ministry of the Interior which were dissolved by virtue of law upon the reorganisation of the Office for State Security, as well as their predecessors.” 4. The 2009 Act 68. The 2009 Act opens with a preamble, the relevant parts of which read as follows: “Recognising that the system of communist power was mainly based on a widespread network of State security authorities, which essentially performed the function of a political police, applying unlawful methods and infringing fundamental human rights, noting that crimes were committed against organisations and persons defending independence and democracy and, at the same time, [their] perpetrators were exempted from responsibility and escaped justice, seeing that functionaries of the State security service performed their duties without risking their health or life, taking advantage of various economic and legal privileges in exchange for the preservation of the inhuman regime, ... rewarding the conduct of those functionaries and citizens who, taking a huge risk, took the side of freedom and the injured citizens, being guided by the principle of social justice which does not permit toleration and reward of lawlessness, have enacted as follows ...” 69. Section 2 of the 2009 Act introduced a number of amendments to section 13 of the 1994 Act (see paragraph 63 above). Point 1) in subsection (1) was rephrased as follows: “Periods of service as a functionary of the Office for State Protection”. 20 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION New points 1a) and 1b) were also added to subsection (1): “1a. Periods of service as a functionary of the Civic Militia, except for service referred to in subsection 2. 1b. Periods of service as a functionary of the State security service referred to in section 2 of the [2006 Act] in accordance with the principles mentioned in section 15b, except for service described in subsection 2.” 70. Section 2 added a new section 13a to the 1994 Act. This provision, in so far as relevant, reads as follows: “1. On a request from the relevant pension authority, [the IPN] shall prepare on the basis of personal files in its possession information on the course of service of named functionaries of the State security service referred to in section 2 of [the 2006 Act] and shall transmit it to that authority within four months of receipt of the request. ... 4. Information on the course of service referred to in subsection 1 shall contain; 1) the functionary’s personal data ... 2) an indication of the periods of service in the State security service referred to in section 2 of [the 2006 Act], 3) information whether documents in [the IPN] archives show that during that period the functionary, without his superiors’ knowledge, cooperated and actively supported persons or organisations acting for the Polish State’s independence.” 71. New section 15b was also added. It reads as follows: “1. For a person who served in the State security authorities referred to in section 2 of [the 2006 Act] and who was in service before 2 January 1999, his pension shall amount to: 1) 0.7% of its basis of assessment – for each year of service in the State security authorities between 1944 and1990; 2) 2.6% of its basis of assessment – for each year of service or periods equivalent to service referred to in section 13 (1) (1-1a) and (2-4). 2. Sections 14 and 15 shall apply accordingly. 3. At a [functionary’s] request, the full period of service in the State security service can be added to the periods referred to in section 13(1) if he can show that before 1990, without his superiors’ knowledge, he cooperated with and actively supported persons or organisations acting for the Polish State’s independence. 4. In the situation mentioned in subsection 3, evidence can comprise information described in section 13 a (1) and, equally, other kinds of proof, in particular a criminal conviction, even if not final, in connection with an activity, [undertaken] without his superiors’ knowledge and consisting of cooperating with and actively supporting CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 21 persons or organisations acting for the Polish State’s independence when serving in the State security service between 1944 and 1990.” 72. The relevant part of section 3 of the 2009 Act reads as follows: “2. For persons in respect of whom information referred to in section 13a ... shows that between 1944 and 1990 they worked in the State security service referred to in section 2 of [the 2006 Act] and who on the date of entry into force of this Act receive benefits accorded under [the 1994 Act], the relevant pension authority ... shall of its own motion institute proceedings for the determination of the right to benefits and their amounts. [An] appeal to a court against a decision of the pension authority shall not stop the enforcement of that decision. 3. Payment of benefits determined in accordance with subsection ... (2) shall be made with effect from 1 January 2010.” 5. Retirement pensions under the general social security scheme 73. The rules for the determination of retirement pensions under the general social security scheme are laid down in the law of 17 December 1998 on pension benefits from the Social Insurance Fund (ustawa o emeryturach i rentach z Funduszu Ubezpieczeń Społecznych). The general system operates on the basis of two schemes, known as “the old scheme” and “the new scheme”. 74. Under the old scheme, which applies essentially only to persons born before 1 January 19493, the right to a retirement pension is generally acquired by women aged 60 with at least a twenty-year contributory and/or non-contributory period and men aged 65 years with at least a twenty-five contributory and/or non-contributory period. A retirement pension amounts to 24% of the so-called “base amount” (kwota bazowa) (i.e. 100% of the average salary in Poland4 in the previous calendar year, reduced by compulsory social insurance contributions deducted from the salary) + 1.3% of the basis of assessment for each contributory year + 0.7% of the basis of assessment for each non-contributory year. The basis of assessment is, to simplify the rules, calculated with reference to the average salary (reduced by social insurance contributions) received by the person concerned in ten years selected from the last twenty years of employment or twenty years chosen by the person concerned. 75. The new scheme is composed of the so called “three pillars” (trzy filary). The first pillar is managed by the Social Security Board, which is a public institution and the second and the third pillars are managed by private 3. Pensions rights under the old scheme could also be acquired by persons born after this date but before 1 January 1969 if they opted for the old scheme and would fulfil conditions for being granted a pension by 31 December 2008. 4. For instance, in March 2012 the base amount was PLN 2,974.69. 22 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION institutions. The third pillar manages supplementary, private pension plans based on voluntary contributions and is not relevant to the present cases. In the first and second pillars social insurance contributions are compulsory and the scheme applies to persons born after 31 December 19485. The right to a retirement pension is acquired by persons who have reached the statutory retirement age (from 60 to 67 years for women and from 65 years and five months to 67 years for men). The amount of a retirement pension is the equivalent of the total amount of pension contributions after indexation collected since 31 December 1998 and what is known as “initial capital” (contributions collected before 1 January 1999) after indexation, divided by the average life expectancy expressed in months for a person whose age is the same as the retirement age of the person concerned. 76. According to an official communiqué on the minimum statutory pension, issued by the President of the Social Security Board on 16 November 2011 (published in the Official Gazette (Monitor Polski) of 2011 no. 15, item 162), in 2012 the minimum statutory pension was fixed at 728.18 Polish zlotys (PLN). 6. Relevant provisions of the Constitution 77. Article 2 of the Constitution states: “The Republic of Poland shall be a democratic state ruled by law and implementing the principles of social justice.”6 78. Article 10 of the Constitution states: “1. The system of government of the Republic of Poland shall be based on the separation of and balance between the legislative, executive and judicial powers. 2. Legislative power shall be vested in the Sejm7 and the Senate, executive power shall be vested in the President of the Republic of Poland and the Council of Ministers, and judicial power shall be vested in courts and tribunals.” 79. Article 18 of the Constitution states: “Marriage, being a union of a man and a woman, as well as the family, motherhood and parenthood, shall be placed under the protection and care of the Republic of Poland.” 80. Article 30 of the Constitution states: “The inherent and inalienable dignity of the person shall constitute a source of freedoms and rights of persons and citizens. It shall be inviolable. The respect and protection thereof shall be the obligation of public authorities.” 5. See also note 9. 6. The English translation of the Constitution is based on the text available on the Constitutional Court’s website www.trybunal.gov.pl 7. Lower house of the Polish Parliament. CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 23 81. Article 31 § 3 of the Constitution states: “Any limitation upon the exercise of constitutional freedoms and rights may be imposed only by statute, and only when necessary in a democratic state for the protection of its security or public order, or to protect the natural environment, health or public morals, or the freedoms and rights of other persons. Such limitations shall not violate the essence of freedoms and rights.” 82. Article 32 of the Constitution states: “1. All persons shall be equal before the law. All persons shall have the right to equal treatment by public authorities. 2. No one shall be discriminated against in political, social or economic life for any reason whatsoever. 83. Article 42 of the Constitution states: “1. Only a person who has committed an act prohibited by a statute in force at the moment of commission thereof, and which is subject to a penalty, shall be held criminally responsible. This principle shall not prevent punishment of any act which, at the moment of its commission, constituted an offence within the meaning of international law. 2. Anyone against whom criminal proceedings have been brought shall have the right to defence at all stages of such proceedings. He may, in particular, choose counsel or avail himself - in accordance with principles specified by statute - of counsel appointed by the court. 3. Everyone shall be presumed innocent of a charge until his guilt is determined by the final judgment of a court. 84. Article 67 § 1 of the Constitution states: “A citizen shall have the right to social security whenever incapacitated for work by reason of sickness or disability as well as having attained retirement age. The scope and forms of social security shall be specified by statute.” 7. Constitutional Court’s judgment of 24 February 2010 (case no. K 6/09) (a) Arguments before the Constitutional Court (i) The applicant deputies 85. On 23 February 2009 a group of members of Parliament belonging mostly to the Democratic Left Alliance (Sojusz Lewicy Demokratycznej) asked the Constitutional Court (Trybunał Konstytucyjny) to declare that the 2009 Act was in its entirety incompatible with Articles 2, 10, 31 § 3 and 32 of the Constitution. Subsequently, in their pleading of 30 August 2009, they also relied on Articles 18, 30, 42, 45 and 67 § 1 of the Constitution. 24 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 86. The main thrust of the very extensive arguments submitted in support of the application, which were made both in writing and at an oral hearing can be summarised as follows. 1) The 2009 Act, drastically reducing the pensions of former functionaries, had deprived some of them of the possibility of living with dignity and consequently was contrary to the principle of respect for human dignity laid down in Article 30 of the Constitution. At the same time, it infringed the very essence of the right to social security set forth in Article 67 § 1 of the Constitution. 2) All the functionaries of the State security service who had been re-employed after 1990 had undergone a vetting procedure under the 1990 Resolution and had been considered fit for service in the democratic Republic of Poland. They had obtained their pension rights lawfully under the 1994 Act, a law enacted by independent, democratic Poland. The 2009 Act extinguished their rights acquired under a democratic system in an arbitrary fashion and unjustifiably, in breach of the principle of the protection of acquired rights laid down in Article 2 of the Constitution. 3) Vetting and re-employing former functionaries of the State security service constituted a special declaration, made on behalf of the Republic of Poland by the State authorities, that they would be treated on an equal basis with all functionaries of services created after 1990. In turn, the functionaries, under oath, took upon themselves an obligation to serve the nation faithfully and protect the legal order established by the Constitution, and the security of the State and its citizens. They fulfilled their duties; otherwise, they would not have been granted their pensions. The 2009 Act, enacted some twenty years later, amounted to a breach of this special pact and, consequently, violated the principle of the citizens’ confidence in the State and the laws made by it laid down in Article 2 of the Constitution. 4) The 2009 Act was based on the rule of collective responsibility and presumption of guilt on the part of former functionaries of the State security service. It applied an automatic restriction of pension rights of all former State security service functionaries, notwithstanding their actual individual conduct and the nature of the duties they had performed in the past. As a result, the 2009 Act, drastically lowering the coefficient used for the determination of their pensions, constituted a form of unjustified repression against positively vetted and re-employed functionaries. This was tantamount to considering service before 1990 a non-contributory period. In particular, the legislature did not put functionaries on an equal footing with other persons receiving pensions under the general social security scheme, where a coefficient of 1.3% applies, which could give the deceptive appearance of a “withdrawal of privileges”, but placed them in a decisively more disadvantageous position. CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 25 This constituted a breach of the principle of social justice laid down in Article 2 of the Constitution. 5) The legislature also violated the principle of separation and balance of powers laid down in Article 10 § 1 of the Constitution. It imposed collective punishment on all persons who had been functionaries of the State security service before 1990. The mere fact of service in those authorities was decisive. No legal procedure was available to review the legality, justification, adequacy and proportionality of the sanction imposed. For all practical purposes, the legislature took over the role of the courts of law. In consequence, functionaries were punished collectively, regardless of whether they had indeed been responsible for any acts which were unlawful, infringed human dignity or were morally reprehensible. 6) The 2009 Act was in breach of the principle of proportionality laid down in Article 31 § 3 of the Constitution because it constituted an extremely serious restriction on the pension rights of positively vetted and re-employed functionaries and imposed an excessive burden on them. Moreover, the 2009 Act entirely disregarded the Council of Europe Parliamentary Assembly Resolution 1096 (1996) on measures to dismantle the heritage of former communist totalitarian systems (“the 1996 PACE Resolution”) and its accompanying guidelines, recommending that that process should be terminated within ten years of the fall of the communist dictatorship (see also paragraph 115 below). 7) The 2009 Act, contrary to the principles of equality before the law and non-discrimination laid down in Article 32 of the Constitution, introduced discrimination between functionaries who had been vetted positively and subsequently re-employed and functionaries who had not served in the State security authorities before 1990. There was no basis for this difference in treatment as both groups had the same characteristics. 87. The deputies also stressed that the legislature had ignored the fact that functionaries of the State security service had performed various duties and that, in particular, many of them had been administrative personnel, had been teachers, secretaries, or drivers or they had dealt with common or economic crime and had not been involved in surveillance of or combat against the opposition. In their view, these persons should not be affected by the 2009 Act. It was profoundly unjust that a functionary who had worked all his professional life in the State security service in a lowly technical or administrative position, not infringing the rights of others, not combating the opposition and not acting for the preservation of the communist regime should now receive a pension of only PLN 600 zlotys8. 8. At the material time this amount was close to the minimum pension under the general social security scheme. 26 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION (ii) Other parties 88. The other parties to the proceedings, namely the Sejm, represented by its Speaker (Marszałek) and the Prosecutor General, also submitted extensive arguments. 89. The Speaker of the Sejm asked the Constitutional Court to dismiss the application, stressing, in particular, that the impugned reduction could not be regarded as disproportionate or excessive having regard to the lowest benefits available under the general social security scheme or those received by persons who had been subjected to political repression under the totalitarian system. 90. The Prosecutor General asked the Constitutional Court to dismiss the application in part contesting the reductions in pensions, and to discontinue the proceedings in respect of the remainder. (b) The ruling 91. The Constitutional Court, sitting in a panel of fourteen judges9, heard the application on 13 and 14 January and 24 February 2010. It gave judgment on the last of these dates, holding that the contested amendments to the 1994 Act introduced by the 2009 Act were compatible with the Constitution. Five judges voted against the ruling and submitted dissenting opinions (see paragraphs 107-111 below). One of the judges10 submitted a concurring opinion. 92. The judgment contains very extensive reasoning, which can be summarised as follows. 93. As regards the scope of the constitutional review in the case, the Constitutional Court held that the application would eventually be examined under Articles 2, 10, 30, 32, 42 and 67 § 1 read in conjunction with Article 31 § 3 of the Constitution (see also paragraphs 77-84 above) and, finding that the deputies had not advanced meritorious arguments concerning the other alleged breaches, discontinued the proceedings in that respect. 94. In an introductory part of the judgment the Constitutional Court referred at length to various general issues, such as the Polish Parliament’s resolutions condemning the former communist regime and the de-communisation laws adopted by Poland. It also had regard to resolutions of the Parliamentary Assembly of the Council of Europe, in particular, the 1996 PACE Resolution and the Resolution 1481 (2006) on the need for international condemnation of crimes of totalitarian communist regimes (“the PACE 2006 Resolution”; see also paragraphs 115-116 below), as well 9. B. Zdziennicki, President; Judges S. Biernat; Z. Cieślak; M. Gintowt-Jankowicz; M. Granat; W. Hermeliński; A. Jamróz; M. Kotlinowski; T. Liszcz; E. Łętowska; M. Mazurkiewicz; J. Niemcewicz; A. Rzepliński, Rapporteur, and M. Wyrzykowski. 10. Judge T. Liszcz. CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 27 as to laws and measures affecting pension rights of functionaries of the former communist State security service in other countries (in particular, in Germany, the Czech Republic, Latvia and Romania). It referred to the Court’s case-law on lustration and de-communisation measures and its own jurisprudence on settling accounts with the communist past. 95. The Constitutional Court next referred to the essential features and activities of the communist State security service. This part of the reasoning reads, in so far as relevant, as follows11: “6.2. ... The State security authorities of the Polish People’s Republic and their functionaries safeguarded the communist regime in Poland in the years 1944-89, they preserved the situation in which in Poland there was no liberty and democracy, no market economy and no affiliation with the Western world. [A] direct consequence thereof was a degradation of the country’s civilisation, which was demonstrated by, among other things, a deep disintegration of its economy and financial situation. The [communist] system was founded on a secret political police apparatus which was extensive in terms of its structure and number [of employees]. The main objective of this apparatus was to preserve and support the communist regime. To this end, functionaries of the State security service of the Polish People’s Republic in the initial period used terror and, routinely, humiliation, surveillance of innocent people, and fabrication of evidence; they violated fundamental human rights and freedoms. The methods they used and the scale and intensity [of their activities] changed over time, but their essence was the same – to support a political regime which was hostile to human rights. In reward, the ruling communist party gave those functionaries practical impunity for abuses of power, promotions that were faster than in other uniformed services, a high remuneration for service, other numerous additional economic and social privileges, and high retirement pension benefits. 6.3. This court does not judge the individual motivations of the tens of thousands of people who chose voluntarily to serve in the State security authorities of the Polish People’s Republic, mostly young men. It is likely that purely professional motivation (service in the secret police) was similar to that which exists today. A considerable difference lies in the object of the choice. In no case does the choice of service in the secret political police of the communist State merit approval, notwithstanding the organisational unit and the grade of the functionary ... By the closing days of the Polish People’s Republic about 30,000 functionaries were employed by the State security authorities. Today there are in total about 10,000. This is not just one-third of the previous total. The security authorities of the Polish People’s Republic, instead of serving to protect the political, social and economic aspirations of Poles, constituted a highly specialised net of institutions which worked against these aspirations. The “product” that remained after those security authorities had been disbanded is over eighty-six kilometres of files, of which only 850 m are important for national security today and are in the restricted archives of the IPN ...” 11. The translation of this part and further passages from the judgment is based on the text available on the Constitutional Court’s website www.trybual.gov.pl, which was adapted by the Registry. 28 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 96. In respect of the deputies’ argument that the functionaries adversely affected by the 2009 Act had been either positively vetted or not subjected to the vetting procedure, the Constitutional Court held, among other things, that: “6.4 ...[A]s a result of democratic transformation in Poland the Security Service was ... dissolved. The ... sovereign Polish State needed new services, which would ensure its security and would at the same time act in accordance with the standards of a democratic state ruled by law. There were two possible options: 1) constructing the new services from scratch, and recruiting exclusively persons who had not served in the Security Service, with the prospect of a long period of preparation for their tasks or 2) setting up a new State protection police quickly, taking unavoidably large numbers of former functionaries of the dissolved Security Service, the legislature chose the second option. It meant that former functionaries of the Security Service could be admitted to service in the Office for State Protection. 6.4.1. The object of the vetting procedure was not to issue certificates of good moral standing to functionaries of particular departments of the Security Service ...” 97. A considerable part of the reasoning was devoted to a comparison between pensions under the general social security scheme and the uniformed services system. In respect of the calculation of pensions under the general rules, it was noted that the system was organised in such a way that an ordinary employee on his retirement received 40% of his salary calculated for a period of ten calendar years chosen by him from the last twenty years preceding his retirement, including contributory and non-contributory periods. The longer the period of employment, the higher the pension. In practice, in order to receive a pension close to half the average salary in the last ten years, a person had to be employed for at least thirty years. In contrast, a functionary of the uniformed services acquired the right to a pension equal to 40% of his average salary after only fifteen years of service. The average salary of persons insured under the general scheme was 50% that of the uniformed services personnel and this difference was even more marked in comparison to the special services. Accordingly, a pensioner insured in the general scheme received 40% of his average salary for the last ten years for a period of employment which was twice as long. 98. As regards the belated introduction of the new rules and non-conformity of the 2009 Act with the 1996 PACE Resolution, the Constitutional Court observed, inter alia, the following: “ ... The lapse of time since the Polish State gained sovereignty in 1989, although not without significance, cannot be a decisive criterion for the evaluation of constitutionality of the regulations adopted by the legislature in order to settle accounts with the former functionaries of the communist regime. There is no provision in the Constitution which would impose a prohibition on enacting such regulations. The Constitution does not set time-limits for the settling of accounts with the past communist regime. It is not within the competence of the Constitutional Court to give an opinion on whether, and if so by when, the legislature of free Poland can CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 29 introduce such laws ... How much time elapses between the collapse of the communist regime and the adoption of a given law depends on the existence of a configuration of power capable of enacting the law during its parliamentary term. As shown by the examples of Poland and other countries in our region of Europe, as well as certain countries in South America, many years may elapse after the establishment or re-establishment of democracy before laws are enacted regulating a certain aspect of responsibility for systemic abuses of power ... 8.4. Referring to the argument that the 2009 Act of 23 January 2009 is in ‘flagrant contradiction’ of the 1996 Pace Resolution and of the guidelines to that document ... the Constitutional Court finds that there is no suggestion in those documents that settling of accounts with the communist period should only take place during the first ten years after the overthrow of the dictatorship. Laws on settling accounts have been introduced in various [countries] and in various years over the past two decades, including in recent years ... As the Constitutional Court has noted above, pursuant to § 14 of the 1996 PACE Resolution: ‘In exceptional cases, where the ruling elite of the former regime awarded itself pension rights higher than those of the ordinary population, these should be reduced to the ordinary level’” 99. As regards the argument that an interference with the functionaries’ right to social security was excessive, the Constitutional Court noted that, in essence, the legislature reduced the coefficient of the pension’s basis of assessment from 2.6% to 0.7% only in respect of functionaries of the State security service who were in service before 2 January 1999 and who had been employed for at least fifteen years. Other elements relevant to the assessment of pensions remained unchanged, in particular the right to a pension after fifteen years of service, advantageous calculation of the pensions’ basis of assessment in comparison to the general system, rules and terms regarding indexation, invalidity and survivor pensions benefits, special allowances and increases in pensions due to, for instance, service during the war, combating terrorism, serving in hazardous conditions or in the counter-intelligence service. In that context, the Constitutional Court also cited various information supplied by the social security authorities, concerning levels of pensions of functionaries as determined under the 2009 Act in comparison to ordinary pensioners. In January 2010 the average pension of the former amounted to 2,558.82 Polish zlotys (PLN), whereas the average pension received under the general social security scheme was PLN 1,618.70. At the material time the minimum statutory pension was PLN 675.10. In February 2010 the average pension received by former functionaries of the State security service was lowered by PLN 346 and was still higher by 58% than the average pension under the general scheme. Only in respect of ordinary functionaries was the average pension (PLN 1,499.64) slightly lower than under the general scheme. Junior officers received PLN 2,102.12 on average (formerly PLN 2,670.930, senior officers PLN 3,479.67 (formerly PLN 4,156.21) and generals received PLN 8,598.43 (formerly PLN 9,578.41). 30 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 100. According to information produced by the Director of the Board for Pensions of the Ministry of the Interior and Administration on 5 February 2010, the board issued 38,563 decisions re-assessing pensions of former functionaries. In 7,227 cases the pensions remained unchanged due to the fact that certain periods of employment, which had not previously been included, were taken into account. In 589 cases the application of the 0.7% coefficient as established by the 2009 Act would have resulted in reducing pensions below the statutory minimum and, therefore, those pensions were increased so as to reach that amount. In view of the foregoing, the Constitutional Court held that the legislature, being guided by the principle of social justice, pursued the legitimate aim of adjusting the pensions of former functionaries of the State security service to the average level of pensions under the general social security scheme. In consequence, in January 2010 the average pension of a functionary was still higher that the average ordinary pension. This reduction limited, but did not extinguish, the excessive, unjustly acquired generous benefits of former state security functionaries. This demonstrated that the legislature was not seeking revenge but greater social justice. 101. Considering the above circumstances, the Constitutional Court concluded that the impugned provisions were not incompatible with Article 67 § 1 read in conjunction with Article 31 § 3 of the Constitution. It held, inter alia, as follows: “8.9. The Constitutional Court finds that the legislature did not infringe the essence of the right to social security by introducing the 2009 Act. Although it considers that the reduction in retirement pensions of ... the functionaries of the State security service of the Polish People’s Republic was significant, it nevertheless remained within the margin of appreciation determined by the Constitution. An infringement of [their] right to social security would, in particular, have occurred if the legislature had taken away all their retirement pension rights or reduced their pensions to a level below the social minimum standards. By reducing [their] retirement benefits the legislature not only guaranteed that their benefits would not be lower than the minimum statutory retirement pension under the general social security system ... but also ensured that the amount of [their] average retirement pension under the new provisions remains still significantly higher than the average retirement pension paid under the general social security system.” 102. Rejecting the arguments as to the alleged incompatibility of section 13(1) and (1b) and section 15b of the 1994 Act as introduced by the 2009 Act with Article 30 of the Constitution (the principle of respect for human dignity), the Constitutional Court held: “9.2. The impugned provisions are neither aimed at depriving the functionaries of security authorities of the minimum means of subsistence, nor at humiliating them. [The] aim is to reduce their retirement pension benefits, which ... stem from the privileged system of social security. As ... already established above .... after the entry into force of the 2009 Act, the average reduced retirement pension of a functionary of the State security authorities ... is still 58% higher than the average retirement pension in the general retirement pension system, and almost four times higher than the CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 31 minimum statutory retirement pension. In this situation, the legislature under the impugned provisions still provides retired functionaries of the State security authorities .... with adequate, justified and fair social security benefits for the period of their service before 1990 ... In conclusion, the contested provisions conform to Article 30 of the Constitution.” 103. The Constitutional Court further rejected the arguments in respect of the alleged incompatibility of sections 13(1) and (1b) and 15b(1) of the 1994 Act as introduced by the 2009 Act with Article 2 of the Constitution (the principle of citizens’ confidence in the state and the law made by it, the principle of protection of acquired rights and the principle of social justice). The relevant part of the reasoning reads as follows: “10.2. ... The legislature was entitled – despite the lapse of over nineteen years since the transformation of the system – to introduce provisions reducing retirement pensions for periods of service in the State security authorities ... It does not follow from the constitutional principle of protection of citizens’ confidence in the State and the laws made by it that everyone, regardless of his or her personal circumstances, may assume that the rules governing his social rights will never change to his disadvantage in the future ... The protection of acquired rights does not mean that those rights are inviolable, and does not exclude the enactment of less advantageous regulations. The Constitutional Court has stressed on many occasions that departure from the principle of protection of acquired rights is permissible, provided it has a basis in other constitutional principles, provisions or values .... According to the well-established jurisprudence of the Constitutional Court, the principle of protection of acquired rights does not apply to rights acquired unjustly or dishonourably, nor to rights which lacked a basis in the constitutional order binding at the time of adjudication ... By enacting the contested provisions the legislature expressed a negative opinion on the activities of ... the security authorities of the communist State, which was confirmed in the course of legislative work and in the preamble to the 2009 Act. In the preamble, the legislature declared it had been guided by the ‘principle of social justice, which does not permit the toleration and reward of lawlessness’. ... As already stated above, the legislature of free Poland has never expressed a single positive opinion on the secret political police of the years 1944-89, and in the years 1989-2009 this opinion has been reflected in laws and adopted resolutions many times. As long as constitutional principles and values are respected, the legislature has the right to draw conclusions from the historical experience of the Polish People’s Republic ... The applicant seems to suggest that the impugned provisions would conform to the constitutional principle of social justice if the coefficient of the basis of assessment for the retirement pension was 1.3% ... which, in the applicant’s opinion, might give a deceptive appearance of a “withdrawal of privileges”. The 0.7%, however ...placed those affected by it in a position where their pension was significantly lower than in the general retirement pension system, which, according to the applicant, amounts to repression ... This argument is ill-founded ... 32 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION As this court has already found ... the ... 0.7% for every year of service must be assessed taking into account the fact that functionaries of the State security authorities had been receiving remunerations significantly higher than the average salary in Poland .... The amount of the retirement benefit is not determined by the coefficient for the basis of assessment alone (2.6%, 1.3% or 0.7%), but is a result of the “base amount” and other factors, relevant to the establishment of the final amount of the whole benefit ... This court has already established that, after the 2009 Act’s entry into force, the average reduced retirement pension of a functionary of the State security authorities ... is still 58% higher than the average retirement pension in the general old-age pension system, and almost four times the statutory minimum retirement pension. ... 10.7. In sum, the privileges in respect of retirement pension rights [of the functionaries] have been acquired dishonourably. The aims and methods of ... the State security service of the Polish People’s Republic cannot be considered legitimate. This court finds that service in State institutions and authorities which systemically violated fundamental human rights and the rule of law may not justify claims that privileges acquired before the fall of the regime should be preserved in a democratic state ruled by law. One of the ways of rewarding [the functionaries] ... for service was, among many other things, providing them with retirement pension privileges. These privileges were preserved by their beneficiaries in free Poland, which was confirmed in the 1994 Act. In 2009, assessing negatively the State security authorities of the Polish People’s Republic, the legislature was able to resort to the abolition or limitation of unjustly acquired retirement pension benefits. ... This court considers that the manner in which the legislature ... reduced unjustly acquired retirement privileges in 2009 was balanced, restrained and proportional.” 104. The argument that the impugned provisions were incompatible with Article 32 of the Constitution (the principle of equality before the law and non-discrimination) because all the functionaries were treated in the same way, despite the fact that most of them had been positively vetted, was likewise rejected. In that regard, the Constitutional Court once again stressed that the positive outcome of the vetting procedure did not mean an approval of service in the former communist secret political police and it did not eradicate the fact that the functionaries concerned had served in that institution voluntarily. All the functionaries were treated in exactly the same way and they were partly deprived of their pension benefits on the same ground, which was the fact that they had served in an institution which had engaged in reprehensible activities over the relevant period. Their service after the cut-off date in 1990 for democratic Poland was treated without discrimination since they acquired the same pension rights as the others, notwithstanding their past. 105. The Constitutional Court found no breach of Article 10 of the Constitution (the principle of division and balance of power) in respect of the allegation that the legislature enacted the 2009 Act in order to impose a collective punishment on the former State security functionaries. It observed CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 33 that Parliament had not overstepped its competences set out in the Constitution and that the contested provisions were not designed to punish the functionaries collectively but to reduce their pensions to the level of the average pension under the general social security scheme. 106. Lastly, as regards the argument that the contested provisions of the 2009 Act were based on collective responsibility and presumption of guilt since all the functionaries of the State security service were equally considered criminals who did not deserve any rights, the Constitutional Court found that Article 42 of the Constitution (the principles of the right to defence, presumption of innocence, nulla poena sine lege) did not apply in the case. It stressed that this provision concerned only criminal responsibility and criminal proceedings and could not be interpreted extensively. There were no criminal sanctions included in the impugned provisions. Nor did they prejudge criminal guilt of functionaries, and they did not constitute a form of repression. (c) Dissenting opinions 107. In Judge Jamroz’s view the 2009 Act was in its entirety incompatible with Article 2 and Article 10 of the Constitution. In his dissenting opinion he stated, among other things, the following: “Changes in the retirement pension system are obviously permissible, and also in certain circumstances justly acquired rights cannot be absolute. However, this needs to be done with respect for constitutional principles, and in particular those in Article 2 of the Constitution ... The 2009 Act is in breach of Article 10 of the Constitution, since the legislature has imposed collective punishment on all those who were functionaries of the State security authorities before 1990, without considering the conduct of individual functionaries. The decisive factor is the mere fact of serving in the State security authorities of the Polish People’s Republic. In this way the legislature entered the realm of authority which is constitutionally restricted to judicial bodies, without taking any action to check or verify the legitimacy, adequacy, legality, fairness and proportionality of the sanction imposed. As a consequence the legislature, relying on the principle of collective responsibility, has imposed severe punishment, regardless of whether the functionaries are responsible for any unlawful acts which violated human dignity, or whether their actions were morally reprehensible ... The judgment ... following the intentions of the legislature which have been expressed in the preamble, passes on political and moral judgment regarding the functioning of the State security authorities in the Polish People’s Republic and draws from it legal consequences with regard to constitutional matters. However, I object to the methodology of adjudicating in the name of “pure justice” which has been assumed by the Constitutional Court, which has been inspired by political and moral opinions but has omitted the constitutional principles reflecting contemporary longstanding standards of a democratic state ruled by law established in its jurisprudence ....” 34 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 108. Judge Łętowska considered that the Preamble to the 2009 Act was incompatible with Article 2 of the Constitution, that sections 1 and 2 read in conjunction with Article 3 of the 2009 Act were incompatible with Articles 2 and 67 § 1 read in conjunction with Article 31 § 3 of the Constitution and disagreed with the majority with regard to certain general ideas expressed in the reasoning. The relevant parts of her opinion read as follows: “I do not question the constitutional admissibility (and legitimacy) of reducing retirement pensions for the staff who formed a kind of “Praetorian Guard” of the totalitarian regime, subsequently discredited in the democratic system. I question the way in which it has been carried out. ... The preamble to the Act first of all stigmatises the persons to whom the reduction of retirement pensions applies and, secondly, specifies the aims of the Act. With regard to the former, it states that, as functionaries of State security authorities, they received pensioner status granted ‘in exchange for the preservation of the inhumane regime’ in which, at the same time, ‘the perpetrators were exempted from responsibility and escaped justice”. These charges contain a strong emotional, moral and legal condemnation. When such a charge is made globally assertion of humiliation is thereby justified. The mere fact of the above-mentioned stigmatisation of all persons to whom the 2009 Act applies, constitutes, in my view, a breach of the principle of proper legislation (Article 2 of the Constitution), as the scope ratione personae of the Act is broader than the group of persons at whom the Act is aimed, as indicated in the preamble, (deprivation of privileges unjustly acquired during the period of the totalitarian regime). ... I do not share the view expressed in the judgment that the positive vetting of the staff of the Civic Militia and the Security Service, carried out in 1990, is irrelevant to an assessment of the constitutionality of the 2009 Act. ... It cannot be assumed (as it has been in the judgment) that nobody guaranteed through the vetting the prospects of a retirement pension under the uniformed services system. The uniformed service brings with it not merely an obligation to perform work and the right to remuneration, but an entire legal status related to that service. The status also includes acquiring (as a continuous process during the period of service) retirement pension entitlements appropriate for uniformed services. That entitlement was granted to the positively vetted persons by allowing them to perform service in the democratic state ... .” 109. Judge Mazurkiewicz stated that the Preamble to the 2009 Act was incompatible with Articles 2 and 10 of the Constitution, that section 1 taken together with section 3(1) and (3) and section 2 taken together with section 3(2) and (3) of the 2009 Act were incompatible with Articles 2, 10, 32 § 2 and Article 67 § 1 read in conjunction with Article 31 § 3 of the Constitution. The relevant passages of his dissenting opinion read as follows: CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 35 “The Constitutional Court is a court of law, and not a court passing judgments on history. Respecting the principles of proper legislation is functionally linked with legal certainty and security, as well as with the protection of citizens’ confidence in the State and the laws made by it ... The principle of legal security requires that the legislature respects the existing legal relations. Introducing amendments during the legislative process which are not objectively justified and which divert the previous direction of the legislative process that was set by ... the 1994 Act infringes the principle of a democratic state ruled by law ... The principle of legality obliges the legislature to formulate laws to be enacted in accordance with the provisions of the Constitution ... The challenged provisions of the 2009 Act are also inconsistent with the constitutional right to social security (Article 67 § 1 read in conjunction with Article 31 § 3 of the Constitution), and the variation in the level of retirement pensions under the uniformed services system: 1) due to the lack of connection between the distinction which has been introduced between pensioners from the uniformed services and the main aim of the statutes on retirement pensions, 2) due to the lack of proportionality of the applied legal solutions and 3) without any justification arising from a possible need for the protection of another, more important, constitutional value – must be regarded as inconsistent with Article 32 § 1 read in conjunction with Article 31 § 3 of the Constitution. ....” 110. Judge Wyrzykowski stated that the preamble to the 2009 Act was incompatible with Articles 2, 10 and 42 of the Constitution and that section 15b of the 1994 Act as introduced by the 2009 Act was incompatible with Article 2 read in conjunction with Articles 67 § 1 and 31 § 3, as it infringed the principle of protection of acquired rights and that it was also incompatible with Articles 10 and 42 of the Constitution. The dissenting opinion reads, in so far as relevant, as follows: “The first problem that arises in connection with the judgment concerns the significance of the passage of time for limitations on the legislature’s activities. The 2009 Act was enacted almost twenty years after the change of the political and social system in Poland. ... The citizens of the Republic of Poland affected by the 2009 Act had all the reasons to assume that the rules which were binding for the last twenty years would not be changed unless there were new circumstances justifying radical amendment of the legal provisions. ... The legal fiction introduced by the legislature, namely applying the 0.7% coefficient to the basis of assessment for every year of service in the State security authorities in the years 1944-90, which means that the legislature treats those affected as though they had not worked in that period, cannot be regarded as consistent with the Constitution. [Under the general social security scheme] the 0.7% coefficient applies to persons who have not paid pension contributions ... The functionaries employed in the State security authorities performed work (service) and the application of the fiction in 2009, changing the rules for the calculation of retirement pensions, must be justified in a particularly convincing way. The legislature did not delegalise work (service) [in the State security authorities] or [those] authorities, but only condemned them in the preamble to the 2009 Act ... The application of the 0.7% coefficient is not, by its nature, a revocation of a privilege, but a kind of individually addressed sanction. ... 36 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION The preamble to the 2009 Act contains a statement which may be regarded as crucial for understanding the essence of the changes introduced to the rules for the calculation of retirement pension benefits. As the justification for the Act, it is stated that ‘crimes were committed against organisations and persons defending independence and democracy and, at the same time, the perpetrators were exempted from responsibility and escaped justice’. ... This is not a mere stigmatisation of particular individuals to whom the decisions specifying the new amount of retirement pensions were addressed, but is also about the use of rhetoric which at very least suggests that the adopted statutory solutions concerning retirement pensions are a form of punishment for undetected crimes against organisations and persons defending independence and democracy, and that those crimes were committed by perpetrators who escaped responsibility and justice ... If behind the legislature’s decision ... is an assumption that the addressees committed crimes and did not bear responsibility for their acts, then this means that the legislature qualifies certain acts. The point is that such qualification should be done by a criminal court, and not by the legislature. Whether a crime has been committed must be determined in the course of court proceedings, and not in the course of the legislative work. There is no doubt that the legislature has infringed Articles 10 and 42 of the Constitution ...” 111. Judge Zdziennicki stated that the 2009 Act taken as a whole was unconstitutional and incompatible with all the provisions cited by the deputies. The relevant parts of his dissenting opinion read as follows: “The drastic reduction of retirement pensions vis-à-vis their level estimated under the rules previously and currently applicable under the uniformed services retirement pension system constitutes economic repression directed against specific recipients and, it should be stressed, their families. This repression is accompanied .... by penal stigmatisation of pensioners, in the form of describing their service in the Polish People’s Republic as nothing but unlawful activities and continual commission of crimes violating fundamental human rights – all this in order to ‘preserve the inhuman regime’. In the present case what happened is not a revocation of ‘unjustly acquired privileges’ since ... retirement pensions paid under the uniformed services system are not privileges, and the rules for granting them have always been the same for everyone. The ostensible action conceals the real legislative aim, namely collective repression directed against the functionaries of the State security authorities of the Polish People’s Republic ... by means of a drastic reduction (twenty years after the fall of the communist regime) of the retirement pensions they have so far received. ... Subjecting certain individuals to ex lege repression (by drastically reducing the retirement pensions which they have so far received) means that the legislative power has decided to substitute itself for the judiciary, although there is a constitutional requirement that guilt and punishment should be determined in court. This amounts to a breach of both the principle of separation of powers (Article 10 of the Constitution) and the constitutional right to a court. CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 37 Reducing ex lege pensions already being awarded ... without individual inquiry proceedings, and passing a condemnatory moral judgment with regard to a specific group of citizens, means assigning collective responsibility, which is inadmissible in a democratic state ruled by law (compare Articles 2 and 42 of the Constitution) ... [The measure] applied leaves no doubt that the 2009 Act has introduced inadmissible, extra-judicial and collective criminal responsibility in respect of persons regarded as former political opponents of the current parliamentary majority. ...” 8. Supreme Court’s resolution of 3 March 2011(case no. II UZP 2/11) 112. On 3 March 2011 the Supreme Court dealt with a legal question submitted in the case of a certain E.C. by the Warsaw Court of Appeal, asking whether the provision of section 15b(2) of the 1994 Act (as amended by the 2009 Act) that stated that section 15 of the 1994 Act should apply accordingly meant that persons who had been functionaries of the State security service preserved the right to a retirement pension equal to 40% of its basis of assessment for the first fifteen years of employment. 113. The Supreme Court ruled that its response to the question would be as follows: “ For every year of service in [the State security authorities] between 1944 and 1999 the pension should be 0.7% of its basis of assessment (section 15b (1)(1) of the 1994 Act), which means that the amount of the pension calculated exclusively in respect of the period of such service may be lower than 40% of the basis of assessment.” 114. The relevant parts of the reasoning read as follows: “No ways or means of interpretation of reference to section 15 of the 1994 Act contained in section 15b(2) gives persons who have served in the [State security authorities] any legal possibility or arguments to assert the determination of their pensions on any other basis of assessment than 0.7% for each year of service ... In contrast, the legal provisions under consideration are unambiguously plain, and therefore clear and not requiring any deeper legal analysis. However, having regard to a considerable number of persons who are concerned by ... reductions in pensions, this court has decided to resolve the submitted legal question ... Taking 40% of the basis of assessment for fifteen years of service as a minimum ... would lead to an inadmissible and unjustified negation of the [2009 Act’s] aim. Chronologically, as a matter of principle, service in the years 1944-90 would correspond to the ‘first’ (initial) years of service giving an entitlement to uniformed services’ pension rights. [An] interpretation that they would preserve at least 40% of the basis of assessment ... would exclude or at least considerably limit ... the rule that their pensions should be calculated with reference to the 0.7% coefficient of the basis of assessment for each year of service in the State security authorities between 1944 and 1990 ... It should be firmly stressed that the aim of the provisions under consideration, added by [the 2009 Act], was not to deprive pensioners of the rights acquired due to service in the totalitarian State security authorities between 1944 and 1990. [T]he legislature did not take away from them the right to take advantage of the uniformed services’ 38 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION pension scheme, including for their periods of service in the State security authorities of the Polish People’s Republic, but, in accordance with the constitutional principles of social justice and elementary (ordinary) decency, adjusted the levels of their benefits ... only in respect of periods of service which consisted in betraying the values of independence, freedom and democracy – to the level of benefits under the general social security scheme, without a further (pro futuro) possibility of taking advantage of the privileges unjustly or dishonourably acquired due to service in the totalitarian State security authorities between 1944 and 1990. Including this period in the ‘pensionable service’ under the unformed services’ pension scheme and giving them 0.7% of the basis of assessment calculated in relation to the last, namely in principle the highest monthly salary in their last post, does not in any way discriminate against these persons. On the contrary, this is still a comparable, and even more advantageous [solution] than under the general social security scheme, having regard to the fact that [a pension’s basis of assessment under the general scheme] is determined not with reference to the highest income in one (last) month of employment but to the average basis for social security contributions for ten subsequent calendar years selected from the last twenty years, or twenty calendar years selected from the entire contributory period .... In that context, the impugned legislation does not constitute any breach of the common principle of equality or proportionality of benefits received under the pension scheme for uniformed services by persons who served in the security authorities of the totalitarian state, who engaged in unlawful and dishonourable acts or methods of political violence against compatriots – in comparison to benefits available under the general social security system. It is worth noting that the provisions governing pension rights of victims of political repression by the State security service are still less advantageous [Their] periods of imprisonment on political grounds are included in the contributory periods but the relevant coefficient for a pension’s basis of assessment is 0% because of their lack of income ... whereas those who subjected them to that repression are entitled to the 0.7% coefficient ... Moreover, the 0.7% coefficient calculated with reference to the highest remuneration normally does not differ unfavourably from the 1.3% coefficient of the basis of assessment under the general social security scheme ... having regard to the fact that uniformed services pensions are calculated with reference to a higher (2.6%) or at least equal (1.3%) coefficients of the basis of assessment for periods before or after the termination of service ... Admission to ... public service in the State security institutions of the democratic state governed by the rule of law restored in Poland after 1990 does not constitute rehabilitation for the time of service in the security structures of the totalitarian state according to the standards of the democratic state ... which does not have the right or duty to maintain the privileges [acquired] on account of unlawful suppression of citizens’ inherent rights and freedoms by the State security service of the totalitarian state. ... The Supreme Court unequivocally criticises and disqualifies any arguments for maintaining privileges acquired due to, or in connection with, participation in the system of enslavement and political repression by the State security service of the communist totalitarian state ... The privileges so acquired are not protected in a democratic system where there is domestic law, community law and international law, CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 39 because persons who fight against fundamental human rights, rights of the nation and fundamental freedoms do not have the right or moral authority to assert that their pension privileges must be preserved in respect of the periods when the Polish nation’s aspirations for independence, freedom and democracy were suppressed ...” D. Relevant Council of Europe’s instruments 1. The 1996 PACE Resolution 115. On 27 June 1996 PACE adopted Resolution 1096 (1996) on measures to dismantle the heritage of former communist totalitarian systems. It reads, in so far as relevant: “1. The heritage of former communist totalitarian systems is not an easy one to handle. On an institutional level this heritage includes (over)centralisation, the militarisation of civilian institutions, bureaucratisation, monopolisation, and over-regulation; on the level of society, it reaches from collectivism and conformism to blind obedience and other totalitarian thought patterns. To re-establish a civilised, liberal state under the rule of law on this basis is difficult - this is why the old structures and thought patterns have to be dismantled and overcome. ... 4. Thus a democratic state based on the rule of law must, in dismantling the heritage of former communist totalitarian systems, apply the procedural means of such a state. It cannot apply any other means, since it would then be no better than the totalitarian regime which is to be dismantled. A democratic state based on the rule of law has sufficient means at its disposal to ensure that the cause of justice is served and the guilty are punished - it cannot, and should not, however, cater to the desire for revenge instead of justice. It must instead respect human rights and fundamental freedoms, such as the right to due process and the right to be heard, and it must apply them even to those people who, when they were in power, did not apply them themselves. A state based on the rule of law can also defend itself against a resurgence of the communist totalitarian threat, since it has ample means at its disposal which do not conflict with human rights and the rule of law, and are based upon the use of both criminal justice and administrative measures. 5. The Assembly recommends that member states dismantle the heritage of former communist totalitarian regimes by restructuring the old legal and institutional systems, a process which should be based on the principle(s) of: i. demilitarisation, to ensure that the militarisation of essentially civilian institutions, such as the existence of military prison administration or troops of the Ministry of the Interior, which is typical of communist totalitarian systems, comes to an end; ii. decentralisation, especially at local and regional levels and within state institutions; iii. demonopolisation and privatisation, which are central to the construction of some kind of a market economy and of a pluralist society; 40 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION iv. debureaucratisation, which should reduce communist totalitarian over-regulation and transfer the power from the bureaucrats back to the citizens. 6. This process must include a transformation of mentalities (a transformation of hearts and minds) whose main goal should be to eliminate the fear of responsibility, and to eliminate as well the disrespect for diversity, extreme nationalism, intolerance, racism and xenophobia, which are part of the heritage of the old regimes. All of these should be replaced by democratic values such as tolerance, respect for diversity, subsidiarity and accountability for one’s actions. 7. The Assembly also recommends that criminal acts committed by individuals during the communist totalitarian regime be prosecuted and punished under the standard criminal code. If the criminal code provides for a statute of limitations for some crimes, this can be extended, since it is only a procedural, not a substantive matter. Passing and applying retroactive criminal laws is, however, not permitted. On the other hand, the trial and punishment of any person for any act or omission which at the time when it was committed did not constitute a criminal offence according to national law, but which was considered criminal according to the general principles of law recognised by civilised nations, is permitted. Moreover, where a person clearly acted in violation of human rights, the claim of having acted under orders excludes neither illegality nor individual guilt. ... 9. The Assembly welcomes the opening of secret service files for public examination in some former communist totalitarian countries. It advises all countries concerned to enable the persons affected to examine, upon their request, the files kept on them by the former secret services. .... 11. Concerning the treatment of persons who did not commit any crimes that can be prosecuted in accordance with paragraph 7, but who nevertheless held high positions in the former totalitarian communist regimes and supported them, the Assembly notes that some states have found it necessary to introduce administrative measures, such as lustration or de-communisation laws. The aim of these measures is to exclude persons from exercising governmental power if they cannot be trusted to exercise it in compliance with democratic principles, as they have shown no commitment to or belief in them in the past and have no interest or motivation to make the transition to them now. 12. The Assembly stresses that, in general, these measures can be compatible with a democratic state under the rule of law if several criteria are met. Firstly, guilt, being individual, rather than collective, must be proven in each individual case - this emphasises the need for an individual, and not collective, application of lustration laws. Secondly, the right of defence, the presumption of innocence until proven guilty, and the right to appeal to a court of law must be guaranteed. Revenge may never be a goal of such measures, nor should political or social misuse of the resulting lustration process be allowed. The aim of lustration is not to punish people presumed guilty this is the task of prosecutors using criminal law - but to protect the newly emerged democracy. 13. The Assembly thus suggests that it be ensured that lustration laws and similar administrative measures comply with the requirements of a state based on the rule of law, and focus on threats to fundamental human rights and the democratisation process. CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 41 14. Furthermore, the Assembly recommends that employees discharged from their position on the basis of lustration laws should not in principle lose their previously accrued financial rights. In exceptional cases, where the ruling elite of the former regime awarded itself pension rights higher than those of the ordinary population, these should be reduced to the ordinary level. ...” 2. The 2006 PACE Resolution 116. On 25 January 2006 PACE adopted Resolution 1481 (2006) on the need for international condemnation of crimes of totalitarian communist regimes in which it referred, in particular, to its Resolution 1096(1996), cited above (see paragraph 115 above). It read, in so far as relevant, as follows: “2. The totalitarian communist regimes which ruled in central and eastern Europe in the last century, and which are still in power in several countries in the world, have been, without exception, characterised by massive violations of human rights. The violations have differed depending on the culture, country and the historical period and have included individual and collective assassinations and executions, death in concentration camps, starvation, deportations, torture, slave labour and other forms of mass physical terror, persecution on ethnic or religious grounds, violation of freedom of conscience, thought and expression, of freedom of the press, and also lack of political pluralism. ... 5. The fall of totalitarian communist regimes in central and eastern Europe has not been followed in all cases by an international investigation of the crimes committed by them. Moreover, the authors of these crimes have not been brought to trial by the international community, as was the case with the horrible crimes committed by National Socialism (Nazism). 6. Consequently, public awareness of crimes committed by totalitarian communist regimes is very poor. Communist parties are legal and active in some countries, even if in some cases they have not distanced themselves from the crimes committed by totalitarian communist regimes in the past. 7. The Assembly is convinced that the awareness of history is one of the preconditions for avoiding similar crimes in the future. Furthermore, moral assessment and condemnation of crimes committed play an important role in the education of young generations. The clear position of the international community on the past may be a reference for their future actions. ... 13. Furthermore, [the Assembly] calls on all communist or post-communist parties in its member states which have not yet done so to reassess the history of communism and their own past, clearly distance themselves from the crimes committed by totalitarian communist regimes and condemn them without any ambiguity. 14. The Assembly believes that this clear position of the international community will pave the way to further reconciliation. Furthermore, it will hopefully encourage historians throughout the world to continue their research aimed at the determination and objective verification of what took place.” 42 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION COMPLAINTS 117. In the 1,628 cases before the Court the applicants, although they sometimes formulated their Convention grievances in different terms, made the following complaints. 118. They first of all alleged a violation of Article 1 of Protocol No.1 to the Convention in that the 2009 Act had arbitrarily reduced their pensions to levels that could not be justified by any legitimate aim pursued in the public interest. In that regard, they heavily relied on the arguments put forward by the group of deputies before the Constitutional Court (see paragraphs 85-87 above), essentially repeating their submissions. They stated that the impugned reductions were disproportionate, unfair and imposed an excessive burden on them. The abrupt and drastic lowering of the coefficient used for the determination of their pensions from 2.6% per year of pensionable employment to a mere 0.7% in respect of the service performed between 1944 and 1990 could not, in their view, be regarded as compatible with that provision. The Polish State’s interference with their acquired right to a pension – a property right protected by Article 1 of Protocol No. 1 – in fact constituted a collective punishment and political repression for their past employment with the former State security authorities, despite the fact they had been either positively vetted or not subjected to the vetting procedure in the democratic Poland of 1990. In their view, admission to the newly-established State security service or police at that time meant that the authorities had recognised that they had moral qualities required of a member of the uniformed services in a democratic state and, consequently, the right to the status attached to the service, including the full right to benefits accorded under the special retirement pension scheme. Those rights were further recognised in the 1994 Act, under which they had been entitled to the same pensions as functionaries who had not been employed in the State security service between 1944 and 1990. The applicants also attached importance to the fact that the 2009 Act had been introduced nearly 20 years after the change of the political system of the State. The interference with their property rights was therefore not only excessive but also belated. The State was entitled to introduce laws aimed at settling accounts with the communist past and the communist authorities. This, however, was subject to the condition that such measures, in addition to passing the test of proportionality, were taken in good time. Also, as confirmed by the 1996 PACE Resolution, laws designed to settle accounts could not be motivated by revenge or amount to collective punishment. In contrast, as emerged from the preamble to the 2009 Act, the State attributed to them collectively, without any consideration being given to their individual actions and conduct, general responsibility for communist CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 43 repressions, violations of human rights and even crimes of the totalitarian system. Moreover, the reductions in pensions applied automatically and no regard had been given to the nature of the duties actually performed, the function held or the scope of activities. The 2009 Act operated without any distinction between functionaries who had in reality committed the acts condemned in its preamble or stifled the democratic opposition and those who had merely belonged to the administrative personnel or had been employed in low technical or administrative positions. In the applicants’ submission, this demonstrated that the aim of reductions was to seek revenge and penalise them on account of their past employment, and not, as declared by the authorities, to pursue the principles of social justice. 119. The applicants next complained under Article 1 of Protocol No. 1 read in conjunction with Article 14 of the Convention that they had been subjected to discrimination on the ground of their past employment in the former State security service. In particular, the years of their employment in that service between 1944 and 1990 were accorded the 0.7% coefficient per year, which under the general social security scheme applied only to non-contributory periods, whereas contributory periods were accorded 1.3%. Those years were treated as non-existent, as if they had not been employed at all. In consequence, they were discriminated against in the enjoyment of their pension rights in comparison to other pensioners in Poland. 120. The applicants also alleged a violation of their right to a fair hearing guaranteed by Article 6 § 1 and, in particular, a breach of the principle of presumption of innocence laid down in Article 6 § 2 of the Convention. In that regard, citing the dissenting opinions to the Constitutional Court’s judgment (see paragraphs 107-111 above), they maintained that the preamble to the 2009 Act stated, in unambiguous terms, that all the functionaries of the former State security service had “committed crimes”. They had, accordingly, been charged, presumed guilty and collectively condemned to the payment of a financial penalty without any possibility of being heard by a court and have the criminal responsibility attributed to them determined individually. 121. The applicants also alleged a violation of Article 7 of the Convention, submitting that the radical reductions of their pensions on the ground that they bore collective responsibility for, as stated in the preamble to the 2009 Act, “crimes ... against organisations and persons defending independence and democracy” were tantamount to punishment without law, prohibited by that provision. 122. Invoking Article 8 of the Convention, the applicants complained that their right to the protection of their reputation had not been respected 44 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION because the preamble to the 2009 Act in a general but unequivocal manner assigned to them full responsibility for the crimes, wrongs and injustices of the communist system. In consequence, they had been labelled as persons who had committed morally reprehensible acts, without having any legal or practical means to clear their name and protect their right to good reputation. 123. Furthermore, the applicants alleged a breach of Article 8 read in conjunction with Article 14 of the Convention in that they had been discriminated against on the ground of their past employment because they had been collectively attributed negative personal characteristics in the preamble to the 2009 Act. 124. Relying on Article 3 of the Convention, the applicants maintained that they had been subjected to degrading treatment and severely humiliated. First, the State had attributed to them without any concrete evidence collective responsibility for acts described in the preamble to the 2009 Act such as “applying unlawful methods, infringing fundamental human rights”, and committing “crimes ... against organisations and persons defending independence and democracy”. In that respect, they cited the views expressed in the dissenting opinions to the Constitutional Court’s judgment as regards the humiliating nature of the preamble (see paragraphs 107-111 above) and stated that it stigmatised them as persons who had received their pensions not because they had worked but “in exchange for the preservation of the inhumane regime”. Secondly, the excessive reductions applied under the 2009 Act deprived them of a significant part of their means of subsistence and exposed them to financial hardship. As a result, many of them had been deprived of the possibility to continue to live in dignity. 125. Lastly, under Article 13 read alone and in conjunction with Articles 3, 6 § 1, 6 § 2, 8 of the Convention and Article 1 of Protocol No. 1, the applicants complained that they had no effective remedy to contest collective responsibility and morally reprehensible conduct attributed to them by the preamble to the 2009 Act and the resultant restrictions on their pension rights. THE LAW I. JOINDER OF THE APPLICATIONS 126. In accordance with Rule 42 § 1 of the Rules of Court, the Court decides that the present applications should be joined. CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 45 II. ALLEGED VIOLATION OF ARTICLE 1 OF PROTOCOL No. 1 TO THE CONVENTION A. Preliminary issues 1. Scope of the Court’s ruling 127. All the present 1,628 cases originated in the same legislation – the 2009 Act – under which pensions of functionaries of the former communist State security authorities were reduced due to the introduction of a less favourable coefficient used for the determination of their pensions in so far as they had been acquired through employment in those authorities between 1944 and 1990. As shown by the facts of the ten cases described above, the same pattern, in terms of the same provisions of substantive law and procedure, applied to each applicant. The pension reductions were predetermined by the contested regulations, which left no room for discretion in their application. The applicants’ complaints are similar and are directed against the legislative provisions of a general character (see paragraphs 117-125 above). In the Court’s view, for the purposes of its ruling, the cases described in detail above demonstrate sufficiently the effects that the 2009 Act had on the asserted Convention rights of the persons affected by the impugned legislation. Accordingly, the conclusions reached below apply to all the cases listed in the appendix (see also paragraph 126 above). 2. Exhaustion of domestic remedies 128. The Court notes that in some cases before it proceedings in which the applicants contested the pension authority’s decisions re-assessing their pensions in accordance with the 2009 Act have not yet terminated. Also, in certain cases the applicants failed to appeal against first-instance judgments or had their appeals rejected on procedural grounds. Some applicants have not informed the Court of the outcome of the proceedings (see paragraphs 8-56 above). However, the Court does not find it necessary to determine in each and every case whether the rule of exhaustion of domestic remedies has been complied with since it considers that the applications are in any event inadmissible for the reasons given below. B. As regards Article 1 of Protocol No. 1 to the Convention 129. The applicants alleged a violation of Article 1 of Protocol No. 1 to the Convention, maintaining that under the 2009 Act their pensions had 46 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION been reduced in a manner incompatible with that provision (see paragraph 118 above). Article 1 of Protocol No. 1 states as follows: “Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.” 1. Principles deriving from the Court’s case-law 130. All principles which apply generally in cases concerning Article 1 of Protocol No. 1 are equally relevant when it comes to pensions. To begin with, that Article does not guarantee a right to become the owner of property. By the same logic, it cannot be interpreted as securing a right to a pension of a particular amount. It places no restriction on the Contracting State’s freedom to decide whether or not to have in place any form of social-security scheme, or to choose the type or amount of benefits to provide under any such scheme. If, however, a Contracting State has in force legislation providing for the payment as of right of a pension – whether conditional or not on the prior payment of contributions – that legislation must be regarded as generating a proprietary interest falling within the ambit of Article 1 of Protocol No. 1 for persons satisfying its requirements (see Andrejeva v. Latvia [GC], no. 55707/00, § 77, with further references, in particular to Stec v. United Kingdom (dec.), nos. 65731/01 and 65900/01, ECHR 2005-X and to Kjartan Ásmundsson v. Iceland, no. 60669/00, § 39, ECHR 2004-IX; and Carson and Others v. the United Kingdom [GC], no. 42184/05, § 64, ECHR 2010). The reduction or the discontinuance of a pension may therefore constitute interference with possessions that needs to be justified (see Valkov and Others v. Bulgaria, nos. 2033/04, 19125/04, 19475/04, 19490/04, 19495/04, 19497/04, 24729/04, 171/05 and 2041/05, § 84, 25 October 2011 with further references, in particular to Rasmussen v. Poland, no. 38886/05, § 71, 28 April 2009; and Panfile v. Romania (dec.), no 13902/11, § 15, 20 March 2012). 131. The first and most important requirement of Article 1 of Protocol No. 1 is that any interference by a public authority with the peaceful enjoyment of possessions should be lawful. Any interference with the enjoyment of the right of property must also pursue a legitimate aim (see Broniowski v. Poland [GC], no. 31443/96, § 147-148, ECHR 2004-V, with CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 47 further references and Hutten-Czapska v. Poland [GC], no. 35014/97, §§ 163-164, ECHR 2006-VIII). 132. Because of their direct knowledge of their society and its needs, the national authorities are in principle better placed than the international judge to appreciate what is in the “public”, or “general”, interest. Under the system of protection established by the Convention, it is thus for the national authorities to make the initial assessment as to the existence of a problem of public concern warranting measures to be applied in the sphere of the exercise of the right of property. Here, as in other fields to which the safeguards of the Convention extend, the national authorities accordingly enjoy a margin of appreciation (ibid.). 133. Furthermore, the notion of “public interest” is necessarily extensive. Finding it natural that the margin of appreciation available to the legislature in implementing social and economic policies should be a wide one, the Court has on many occasions declared that it will respect the legislature’s judgment as to what is “in the public interest” unless that judgment is manifestly without reasonable foundation (see, among many other examples, James and Others v. the United Kingdom, 21 February 1986, § 46, Series A no. 98; Broniowski, cited above, § 149; Stec and Others v. the United Kingdom [GC], nos. 65731/01 and 65900/01, § 52, ECHR 2006-VI Carson, cited above, § 61; and Andrejeva, cited above, § 83). 134. Relying on the fundamentally subsidiary role of the Convention, the Court has consistently recognised that the national authorities, having direct democratic legitimation, are in principle better placed than an international court to evaluate local needs and conditions. In matters of general policy, on which opinions within a democratic society may reasonably differ widely, the role of the domestic policy-maker should be given special weight (see, for example, James and Others, cited above, § 46; Hatton and Others v. the United Kingdom [GC], no. 36022/97, § 97 ECHR 2003-VIII; and Valkov and Others, cited above, § 92 in fine). 135. In its many judgments given in the context of the political changes that commenced in central and eastern Europe in 1989-1990, the Court has stressed that these principles apply equally, if not a fortiori, to the measures adopted in the course of the fundamental reform of the country’s political, legal and economic system in the transition from a totalitarian regime to a democratic State, phenomena which inevitably involve the enactment of large-scale economic and social legislation. Balancing the rights at stake, as well as the interests of the different persons affected by the process of transforming the State, is an exceptionally difficult exercise. In such circumstances, in the nature of things, a wide margin of appreciation should be accorded to the State (see, among other examples, Broniowski, cited above, § 182; Hutten-Czapska, cited above, § 166, with further references; Jahn and Others v. Germany [GC], nos. 46720/99, 72203/01 and 72552/01, 48 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION § 113 ECHR 2005-VI; Valkov and Others, cited above § 96; and Vistiņš and Perepjolkins v. Latvia [GC], no. 71234/01, § 113, ECHR 2013-...). 136. However, that margin is not unlimited. The Court must be satisfied that there is a reasonable relationship of proportionality between the means employed and the aim sought to be achieved by any measures applied by the State. That requirement is expressed by the notion of a “fair balance” that must be struck between the demands of the general interest of the community and the requirements of the protection of the individual’s fundamental rights. In particular, the Court must ascertain whether by reason of the State interference the person concerned had to bear a disproportionate and excessive burden (see, among many other authorities, Hutten-Czapska, cited above, § 167, with further references). 137. In the assessment of the proportionality of the measures taken by the State in respect of pension rights, an important consideration is whether the applicant’s right to derive benefits from the social insurance scheme in question has been infringed in a manner resulting in the impairment of the essence of his right. The nature of the benefit taken away – in particular, whether it has originated in the special advantageous pension scheme available only to certain groups of persons – may also be taken into account. The assessment would vary depending on the particular circumstances of the case and the applicant’s personal situation; while a total deprivation of entitlements resulting in the loss of means of subsistence would in principle amount to a violation of the right of property, the imposition of a reasonable and commensurate reduction would not (see, among many other authorities, Domalewski v. Poland (dec.), no. 34610/97, ECHR 1999-V; Janković v. Croatia (dec.), no. 43440/98, ECHR 2000-X; Schwengel v. Germany (dec.), no. 52442/99, 2 March 2000; Apostolakis v. Greece, no. 39574/07, §§ 41-42, 22 October 2009; Kjartan Ásmundsson, cited above, § 45; Valkov and Others, cited above, § 97; Maggio and Others v. Italy, nos. 46286/09, 52851/08, 53727/08, 54486/08 and 56001/08, § 63, 31 May 2011; and Frimu and 4 other applications v. Romania (dec.), no. 45312/11, 7 February 2012, §§ 42-48). 138. The specific issue of the privileged position vis-à-vis pension rights enjoyed by members of the communist elite, political police or armed forces in the post-communist European countries has already been examined by the Court on several occasions (see, for instance, Goretzky v. Germany (dec.) no. 52447/99, 6 April 2000: Lessing and Reichelt v. Germany (dec.) nos. 49646/10 and 3365/11, 16 October 2012; and Schwengel (dec.), Domalewski (dec.) and Janković (dec.) cited above). In those cases the Court found that the aim of eliminating or reducing unjustified or excessive social security benefits, as pursued by the domestic legislatures, was a legitimate one. In particular, a national legislature is entitled to suppress pecuniary privileges of a political nature awarded to former functionaries by totalitarian regimes. It may do so provided that, as CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 49 already stated above (see paragraphs 136-137 above), the measures taken are not disproportionate. Under the Court’s case-law, there is no doubt that persons benefitting from such privileges do not have any legitimate expectation that they will preserve their advantageous position in this regard after the transition to a democratic system (ibid.). 2. Application of the above principles in the present cases (a) Applicable rule of Article 1 of Protocol No. 1 139. The measures applied under the 2009 Act resulted in divesting the applicants irrevocably of part of the pensions they had received before and until 1 January 2010 (see paragraph 71-72 above). They constituted an interference with the applicants’ property rights protected by Article 1 of Protocol No. 1. Accordingly, the cases fall to be examined under the second sentence of the first paragraph of that provision, setting out exceptions permitting deprivation of “possessions ... in the public interest and subject to conditions provided for by law”. (b) Principle of lawfulness 140. The impugned measures were applied under the legislation that was adopted by the Polish Parliament. It was subsequently examined by the Constitutional Court for its compatibility with the Constitution and found to be constitutional. Accordingly, the interference with the applicants’ property rights was lawful for the purposes of Article 1 of Protocol No. 1. (c) Principle of legitimate aim in the public interest 141. The aims pursued by the State in relation to the enactment of the 2009 Act have been stated in its preamble, explained extensively in the Constitutional Court’s judgment and also referred to in the Supreme Court’s resolution (see paragraphs 68, 95, 98, 100, 103-104 and 114 above). The Polish Parliament, having regard to the morally reprehensible role played by the former security service – political police – in preserving the communist system and repressing organisations and persons defending democracy and to the fact that those employed in that service had been accorded various, including economic, privileges, decided that the continuation of their advantageous pension rights could not be reconciled with the principle of social justice (see paragraph 68 above). The Constitutional Court shared this view. It held that the legislature, guided by that principle, had pursued a legitimate aim of adjusting pensions of former functionaries of the State security service to the level of average pensions under the general social security scheme. It also stressed that the categorically negative evaluation by Parliament of service in the communist State security authorities had been warranted by Poland’s historical 50 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION experience under the communist rule. Referring to the historical past, it described the essence of the activities of those authorities as, inter alia, “supporting the political regime hostile to human rights” and noted that “[i]n reward, the ruling communist party [had given] functionaries practical impunity for abuses of power, promotions that [had been] faster than in other uniformed services, a high remuneration for service, other numerous economic and social privileges and high old-age pensions”. After a thorough analysis of various relevant political, social and economic factors, the Constitutional Court concluded that the measures adopted complied with the requirements of the constitutional principle of social justice (see, in particular, paragraphs 95, 98, 100 and 103-104 above). The Supreme Court’s assessment did not differ either; it placed much emphasis on the legitimacy of the reductions, stating that the legislature, in accordance with the principle of social justice had “adjusted the levels of their benefits ... only in respect of periods of service which [had] consisted in betraying the values of independence, freedom and democracy” (see paragraph 114 above). 142. The Court would recall again that in implementing social and economic policies, in particular in the course of the transition from a totalitarian regime to a democratic State, the State authorities enjoy a wide margin of appreciation in deciding what is “in the public interest (see paragraphs 132-135 above). This necessarily encompasses the passing of de-communisation laws in order to settle accounts with the communist past and remove its relics also in such spheres as social or economic privileges previously accorded to persons belonging to the former elite, uniformed forces including, especially, the political police and its secret collaborators, or others who played crucial roles in safeguarding the undemocratic regime (see Domalewski (dec.), cited above; Janković (dec.), cited above; Schwengel (dec.), cited above; Goretzky (dec.), cited above; Lessing and Reichelt (dec.), cited above; Rasmussen, cited above, §§ 75-76; and Zawisza v. Poland, no. 37293/09, § 36, 31 May 2011, with further references; see also paragraph 115 above). In this context, it should be stressed that the applicants were functionaries of the State security authorities whose raison d’être was to infringe the most fundamental values on which the Convention is based (see paragraph 95 above). 143. It is a matter of common knowledge that the political transition in the post-communist countries has involved numerous complex, far-reaching and controversial reforms which necessarily had to be spread over time. The dismantling of the communist heritage has been gradual, with each country having its own, sometimes slow, way to ensure that the past injustices are put right and accounts settled. Even though on the collapse of the totalitarian regimes those countries faced similar problems, there is, and CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 51 there can be, no common pattern for the restructuring of their political, legal or social systems. Nor can any specific time-frame or speed for completing this process be fixed. Indeed, in assessing whether in a given country, considering its unique historical and political experience, “the public interest” requires the adoption of specific de-communisation measures in order to ensure greater social justice or the stability of democracy, the national legislature empowered with direct democratic legitimation is better placed than the Court (see paragraphs 132-134 above with references to the Court’s caselaw). By the same token, the national authorities, having direct knowledge of their country, are entitled to condemn, in the form and at the time chosen by them, past institutions or activities which, as shown by the country’s historical experience, had not respected the principle of democracy, the rule of law and human rights. 144. The Court sees no reason to differ from the evaluation of the Polish Parliament, the Constitutional Court and the Supreme Court and accepts that it was legitimate for the State to take measures designed to put an end to pension advantages regarded as unwarranted or acquired unjustly, in order to ensure the greater fairness of the pension system (see also §§ 12 and 14 of the 1996 PACE Resolution cited in paragraph 115 above). It also endorses the Constitutional Court’s arguments rejecting the assertion that the 2009 Act had served the purposes of revenge and collective punishment (see paragraphs 105-106 above). A reduction of pension privileges of those who have contributed to the maintenance in power of, or have benefited from, an oppressive regime cannot be regarded as a form of punishment. The pensions in the instant cases were reduced by the national legislature, not because any of the applicants committed a crime or was personally responsible for human rights violations, but because those privileges had been accorded for political reasons as a reward for services considered to be particularly useful for the communist State (see paragraphs 95, 98 and 104-106 above and paragraph 138 above, with references to the Court’s case-law). Indeed, given the reason for which they were granted and the manner in which they were acquired, they cannot but be regarded as manifestly unjust from the point of view of the values underlying the Convention. This being so, the personal guilt or not of persons who benefited from such unjust privileges is not material for the consideration of the issue of compliance with Article 1 of Protocol No. 1. 145. It remains for the Court to ascertain, from the standpoint of proportionality, whether the Polish authorities struck a “fair balance” between the means employed and the aim sought to be achieved. 52 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION (d) Principle of “fair balance” 146. The Court notes that the pension scheme for the uniformed services from which the applicants derived their benefits was of a non-contributive character, as it was fully financed by State funds and the beneficiaries did not have to pay contributions in order to receive their pensions (see paragraph 65 above). However, this element is not material for the determination of the applicant’s Convention claims in the present cases, as the protection under Article 1 of Protocol No. 1 extends not only contributive but also to non-contributive social security benefits (see paragraph 130 above). 147. The applicants referred to several aspects of the 2009 Act which, in their view, demonstrated that the contested reductions were incompatible with Article 1 of Protocol No. 1. They also attached importance to the fact that the 2009 Act had been introduced belatedly, nearly 20 years after the change of the political system of the State (see paragraph 118 above). The Court has already held above that one cannot set any specific time-frame or speed for a State to close the de-communisation process since it depends on the circumstances particular to its historical and political background (see paragraph 143 above). It finds that the Constitutional Court relied on similar considerations in its judgment, holding that there had been no constitutional prohibition on enacting the 2009 Act even after a significant lapse of time (see paragraph 98 above). Considering the weight attached to the opinion of the domestic policy-maker in that respect, it is for the national authorities to decide when, regard being had to the demands of the public interest, such measures may be applied (see paragraphs 132-135 with references to the Court’s case-law). 148. Moreover, the Court cannot but note that the alleged delay on the part of the Polish State in implementing the contested measures did not have any detrimental, retroactive effects on the applicants’ pecuniary rights. In contrast, for those nearly 20 years, they enjoyed their advantageous pension rights and continued to draw their benefits untouched. To that extent, a prompter reduction of pension rates would not have eased the financial prejudice they claim to have suffered. 149. The applicants asserted that the lowering of the coefficient used for the calculation of their pensions from 2.6% applicable to the uniformed services to 0.7% applicable to non-contributory periods under the general pension scheme had been drastic, unfair and disproportionate (see paragraph 118 above). CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 53 150. However, the Court finds that, as confirmed by the Constitutional Court’s in-depth analysis comparing the former functionaries’ situation before and after the reductions with the situation of an ordinary pensioner, on the cut-off date of 1 January 2010 the average pension of a functionary had still been higher by 58% than the average ordinary pension. The former amounted to some PLN 2,558 and the latter to some PLN 1,618. It was on average four times higher than the statutory minimum retirement pension (see paragraphs 97 and 99-102 above). This was mostly due to the fact that the salaries of persons insured under the general system were 50% lower than in the uniformed services and that, under the communist regime, remunerations in the State security service had been significantly higher than that of ordinary employees (see paragraphs 97 and 102 above). Moreover, the coefficient used for the calculation of ordinary pensions in respect of contributory periods was, and still is, 1.3%, namely half of the 2.6% applied to the uniformed services (see paragraphs 71-74 above). The Supreme Court, in its resolution of 3 March 2011, made the same findings (see paragraph 114). 151. Despite the fairly large scale revision of the pensions under the 2009 Act – it concerned over 38,000 persons – in respect of only 589 pensioners was the revised benefit lowered below the statutory minimum which was, however, corrected by increasing the amount to the requisite level (see paragraph 100 above). Other elements relevant for the determination of the applicants’ pension rights remained unchanged. They retained the 2.6% coefficient for each year of service in democratic Poland, invalidity and survivor pension benefits, as well as special increases and allowances due for service in hazardous conditions. The same terms and rules for pension indexation apply to future increases in their pensions (see paragraph 99 above). The contested coefficient has to be placed in the wider context of the whole pension system in Poland. As observed by the Supreme Court, the 0.7% coefficient applied to the basis of assessment of their pension still results in a more favourable benefit than under the general scheme. The point of reference for the former functionaries is the last, that is, normally the highest salary at their last post and not, as under the general system, the average salary, reduced by social contributions, received over the selected 10 out of the last 20 years of employment or 20 years chosen by the person concerned. In consequence, the 0.7% coefficient, applied with reference to the highest salary of a former functionary, did not produce effects materially different from the application of the 1.3% coefficient with reference to the average “pensionable” salary available to an ordinary employee (see paragraphs 74-75 and 114 above). 54 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 152. The general pattern of reductions described in detail in the Constitutional Court’s judgment and the Supreme Court’s resolution shows that in most cases such reductions did not exceed, roughly, 25-30% (see paragraphs 99-102 and 114 above). The facts of the selected 10 cases concerning 34 applicants, described above, confirm that conclusion (see paragraphs 8-54). Naturally, the longer the period of employment in the State security service, the greater proportionally was the reduction as manifested in the re-calculated pension. Most applicants had their pensions reduced by 20-30%, but the recalculated amounts were either higher, sometimes considerably so, than the average pension in Poland – PLN 1,618.70 – at the material time, or very close to that sum. Only a few persons received benefits slightly lower than the average pension (see paragraphs 10, 16-17, 22, 28-29, 32-33, 37, 41, 45, 49, 52-53 and 99 above). Only in a few cases did the reductions oscillate around 40-50%; however, these cases concerned persons who apparently had had a long period of service in the communist State security authorities and each of them after the decrease received the amount above, in some cases well above, the statutory minimum pension (see paragraph 10, 17, and 53 above). 153. In the circumstances, the measures complained of cannot be considered as impairing the very essence of the applicants’ pension rights. It should not be overlooked that, as emphasised by the Supreme Court, in contrast to former State security functionaries who nevertheless retain the 0.7% coefficient for their service in 1944-1990, victims of communist repression in Poland have their imprisonment on political grounds regarded as a pensionable period but are in that respect accorded a 0% coefficient by reason of the lack of income (see paragraph 114 above). 154. Furthermore, the Court does not share the applicants’ view that their pension rights, once acquired, were untouchable and could never be altered. As stated above, under Article 1 of Protocol No. 1 the legislative power of States extends to reducing or varying the amount of benefits provided under a social security scheme. A fortiori, they may remove, in pursuance of the principle of social justice, an existing inequality between privileged pensions accorded to a specific group and perceived as unjust or excessive in comparison with benefits under the general system and with ordinary pensions (see paragraphs 130-138 and 142-143 above). Similarly, under the Polish Constitution vested rights are protected provided that they were justly acquired. Privileges acquired in violation of principles of justice do not engender a legitimate expectation of unconditional protection (see paragraph 103 above). The applicants could not therefore legitimately expect that the privileges granted to them under the communist regime would be irrevocable in all circumstances. CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION 55 155. The contested measures were applied to the former functionaries of the State security service as defined by the Polish legislation. All those persons had benefited not only from a special – uniformed services – pension scheme much more favourable than the general one but also from considerably higher pensionable salaries not available to ordinary citizens who had not been implicated in the work of the communist State security (see paragraphs 95, 97 and 114 above). The fact of service in the above-mentioned institution, created to infringe human rights protected under the Convention, should be regarded as a relevant circumstance for defining and justifying the category of persons to be affected by the contested reductions of pension benefits. The Court is satisfied that the Polish authorities did not extend the personal scope of these measures beyond what was necessary to achieve the legitimate aim pursued. 156. The Court finds that the applicants in the present cases did not suffer a loss of means of subsistence or a total deprivation of benefits. It is to be noted that, although the contested measures reduced pension privileges especially created for those employed in communist State institutions that served the undemocratic regime, they nevertheless maintained for such persons a scheme more advantageous than the general one. Accordingly, it cannot be said that the Polish State made them bear a “disproportionate and excessive burden” (see paragraphs 136-137 above). 157. It follows that the applications are manifestly ill-founded within the meaning of Article 35 § 3(a) and should be rejected in accordance with Article 35 § 4 of the Convention. III. OTHER ALLEGED VIOLATIONS OF THE CONVENTION 158. The applicants also alleged violations of several other provisions of the Convention (see paragraph 119-125). However, the Court considers that the issues raised by the applicants under Articles 3 and 8 of the Convention, as well as the alleged discrimination – contrary to Article 14 – in comparison with other pensioners in Poland have already been adequately addressed above (see paragraphs 140-155 above). As regards complaints under Article 6 § 1 (criminal limb), Article 6 § 2 and Article 7, they are evidently incompatible ratione materiae with the provisions of the Convention, since the guarantees invoked by the applicants apply only to criminal proceedings. As regards Article 13, according to the Court’s established case-law (see, for example, Kudła v. Poland [GC], no. 30210/96, § 157, ECHR 2000-XI) this provision guarantees a domestic remedy to deal with the substance of an “arguable complaint” under the Convention. The applicants’ complaints are either manifestly ill-founded or incompatible 56 CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION with the provisions of the Convention. Article 13 is therefore inapplicable in the present cases. 159. It follows that the remainder of the applications must likewise be rejected under Article 35 § 4 of the Convention. For these reasons, the Court unanimously Decides to join the applications, Declares the applications inadmissible. Françoise Elens-Passos Registrar Ineta Ziemele President CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 57 APPENDIX App. No 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Case Name 15189/10 CICHOPEK v. Poland 16970/10 ZDZIECH v. Poland 17185/10 WASILEWSKA-TŁUŚCIK v. Poland 18215/10 RAGINI v. Poland 18848/10 STRADOMSKI v. Poland 19152/10 PAWLIK v. Poland 19915/10 LUDWICKI v. Poland 20080/10 JÓZEFOWICZ v. Poland 20705/10 KOWALSKI v. Poland 20725/10 KALINOWSKI v. Poland 21259/10 PAPLACZYK v. Poland 21270/10 PRZEPIÓRA v. Poland 21279/10 POLAŃSKI v. Poland 21456/10 KORDOWIECKI v. Poland 22603/10 NOWAKOWSKI v. Poland 22748/10 VARISELLA v. Poland 23217/10 FEDEROWICZ v. Poland 23585/10 KOKOCIŃSKI v. Poland 23604/10 BRAŃSKA and BRAŃSKI v. Poland 23991/10 SZUMSKA and Others v. Poland 24190/10 OLSZYNA v. Poland 24268/10 CELENIK v. Poland Date of lodging 10/03/2010 10/03/2010 17/03/2010 27/03/2010 29/03/2010 02/04/2010 06/04/2010 06/04/2010 08/04/2010 10/04/2010 30/03/2010 22/03/2010 29/03/2010 01/04/2010 12/04/2010 06/04/2010 20/04/2010 20/04/2010 23/04/2010 19/04/2010 26/04/2010 19/04/2010 Introduced by A. Cichopek L. Zdziech A. WasilewskaTłuścik R. Ragini J. Stradomski K. Pawlik J. Ludwicki Z. Józefowicz J. Kowalski M. Kalinowski B. Paplaczyk R. Przepióra Z. Polański Z. Kordowiecki K. Nowakowski A. Varisella A. Federowicz T. Kokociński W. Brańska J. Brański A. Jarzyło Z. Karnenska B. Kaszkur-Lejewska H. Lipińska W. Lipiński R. Matysiak-Siery H. Oleksy M. Ostrowska L. Pańczyk N. Pańczyk D. Prugar B. Pupar I. Sowińska B. Suska B. Szumska B. Olszyna H. Celenik Name of Representative M. Gąsiorowska M. Gąsiorowska M. Gąsiorowska CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 58 App. No. Case Name 23. 24434/10 ROMAŃSKI and Others v. Poland 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 24572/10 25029/10 25155/10 25616/10 26067/10 26798/10 27153/10 27257/10 27494/10 27536/10 27594/10 27986/10 28084/10 28296/10 28516/10 28530/10 28586/10 28587/10 28726/10 28796/10 28872/10 28976/10 46. 29112/10 MICKIEWICZ v. Poland RYDZEWSKI v. Poland STUDNIAREK v. Poland KAPUŚCIŃSKA v. Poland PIETRZAK v. Poland DANILUK v. Poland KUPCZAK v. Poland PIETURA v. Poland WRZESZCZ v. Poland KUTEK v. Poland TURZYNIECKA v. Poland MARKIEWICZ v. Poland GLOC v. Poland MACKIEWICZ v. Poland BOCZKOWSKI v. Poland RESZCZYŃSKI v. Poland PAWLONKA v. Poland SASIN v. Poland SZUSTER v. Poland ANDRZEJEWSKI v. Poland KUSY v. Poland GRZEGORCZYK v. Poland HARASIMIUK and Others v. Poland Date of Introduced by lodging 19/04/2010 E. Duda S. Fortuna W. Giera B. Gomulińska A. Gomuliński D. Makuch J. Męcik L. Męcik W. Przewrocka J. Romański W. Wacławik 12/04/2010 S. Rydzewski 27/04/2010 W. Studniarek 15/04/2010 J. Kapuścińska 26/04/2010 Z. Pietrzak 20/04/2010 T. Daniluk 26/04/2010 A. Kupczak 10/05/2010 T. Pietura 10/05/2010 R. Wrzeszcz 12/05/2010 M. Kutek 11/05/2010 K. Turzyniecka 14/05/2010 J. Markiewicz 12/05/2010 Z. Gloc 12/05/2010 S. Mackiewicz 19/04/2010 C. Boczkowski 17/05/2010 R. Reszczyński 07/05/2010 E. Pawlonka 07/05/2010 T. Sasin 04/05/2010 J. Szuster 02/05/2010 W. Andrzejewski 18/05/2010 K. Kusy 16/05/2010 E. Grzegorczyk 02/05/2010 B. Gowin W. Gowin L. Harasimiuk M. Harasimiuk K. Lange G. Nowak-Szalecka D. Rzepoluch R. Rzepoluch K. Trzykowski W. Wolski A. Zareba 11/05/2010 W. Mickiewicz Name of Representative M. Gąsiorowska M. Gąsiorowska M. Gąsiorowska CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX App. No. Case Name 47. 29368/10 ŁACH and Others v. Poland 48. 49. 50. 51. 29543/10 29725/10 29727/10 29746/10 BERGER v. Poland WYDRA v. Poland BEDNARZ v. Poland WIDŁAK and Others v. Poland 52. 53. 54. 55. 29852/10 29864/10 30019/10 30055/10 PIĄTEK v. Poland BLOCH v. Poland TWERD v. Poland KSIĄŻKA v. Poland 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 30062/10 30070/10 30154/10 30156/10 30166/10 30180/10 30201/10 30250/10 30262/10 30269/10 30284/10 30299/10 30311/10 30312/10 30384/10 30423/10 KUŁAKOWSKA v. Poland KALISZ v. Poland BLOCH v. Poland STEFANIAK v. Poland BANCERZ v. Poland SYSŁO v. Poland JÓŹWIK v. Poland JANOTA v. Poland DYDUŁA v. Poland MAĆKOWIAK v. Poland DYSZCZYK v. Poland UCHMAN v. Poland JASTRZĘBSKI v. Poland GOŁĄB v. Poland KOMAN v. Poland OGÓREK v. Poland Date of Introduced by lodging 20/05/2010 Z. Garbaczewski G. Góralewska-Łach W. Jabłoński T. Jakubczyk B. Kąkol W. Krawczyk J. Łach M. Marianowski Z. Paluch A. Piętek G. Rejman R. Skwirowski 17/05/2010 R. Berger 19/05/2010 M. Wydra 21/05/2010 C. Bednarz 25/05/2010 W. Czapski W. Grzejszczak M. Karpiński K. Korczyński W. Mioduchowski J. StawikowskaWidłak J. Wasiak W. Widlak L. Zaniewicz A. Zgudczyńska 24/05/2010 R. Piątek 17/05/2010 A. Bloch 24/05/2010 Z. Twerd 25/05/2010 C. Książka R. Książka 25/05/2010 I. Kułakowska 28/05/2010 S. Kalisz 17/05/2010 M Bloch 25/05/2010 A. Stefaniak 27/05/2010 M. Bancerz 14/05/2010 E. Sysło 27/05/2010 T. Jóźwik 27/05/2010 M. Janota 28/05/2010 H. Dyduła 27/05/2010 S. Maćkowiak 26/05/2010 J. Dyszczyk 24/05/2010 Z. Uchman 24/05/2010 A. Jastrzębski 19/05/2010 M. Gołąb 17/05/2010 J. Koman 26/05/2010 A. Ogórek 59 Name of Representative M. Gąsiorowska M. Gąsiorowska M. Gąsiorowska CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 60 Date of lodging 26/05/2010 25/05/2010 28/05/2010 19/05/2010 25/05/2010 18/05/2010 App. No. Case Name 72. 73. 74. 75. 76. 77. 30430/10 30433/10 30437/10 30438/10 30445/10 30681/10 DUSZCZYK v. Poland DOMAGAŁA v. Poland BOHATYREWICZ v. Poland GOŁĘBIOWSKI v. Poland DUBINIEC v. Poland ALEKSANDROWICZ and Others v. Poland 78. 30820/10 KWIECIEŃ and Others v. Poland 31/05/2010 79. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 101. 102. 103. 104. 105. 106. 107. 108. 109. 30961/10 31205/10 31249/10 31383/10 31392/10 31412/10 31445/10 31453/10 31472/10 31622/10 31636/10 31835/10 31852/10 31930/10 31941/10 31957/10 32022/10 32031/10 32035/10 32165/10 32204/10 32219/10 32236/10 32240/10 32251/10 32315/10 32321/10 32323/10 32412/10 32554/10 32618/10 31/05/2010 31/05/2010 25/05/2010 01/06/2010 26/05/2010 01/06/2010 24/05/2010 26/05/2010 26/05/2010 01/06/2010 02/06/2010 02/06/2010 25/05/2010 01/06/2010 24/05/2010 25/05/2010 26/05/2010 25/05/2010 25/05/2010 26/05/2010 25/05/2010 26/05/2010 28/05/2010 04/06/2010 26/05/2010 25/05/2010 26/05/2010 04/06/2010 07/06/2010 04/06/2010 02/06/2010 BOCZEK v. Poland OZIMEK v. Poland BIAŁEK v. Poland MALISZ v. Poland WAŁDOCH v. Poland PLESZEWSKI v. Poland PIOTROWSKI v. Poland POLAK v. Poland ŻYGADŁO v. Poland KUŁAKOWSKI v. Poland KOSSARZECKI v. Poland JASIŃSKI v. Poland PRZEWOŹNIAK v. Poland ŚCISŁY v. Poland SZYPIELEWICZ v. Poland SKIBA v. Poland KRIGER v. Poland IGNACIUK v. Poland NOWICKI v. Poland KOLADO v. Poland MACIĄŻEK v. Poland MRÓZ v. Poland GROCHOCKA v. Poland JAKOBSON v. Poland PRZYBYLSKI v. Poland MANIECKI v. Poland SOBKOWIAK v. Poland PIOTROWSKI v. Poland SOJDA v. Poland PTAK v. Poland OZIMEK-GAŁKIEWICZ v. Poland Introduced by P. Duszczyk I. Domagała T. Bohatyrewicz M. Gołębiowski C. Dubiniec M. Aleksandrowicz D. Błażejewska P. Błażejewski L. Górski K. Iwanicka G. Żmuda L. Żmuda W. Kwiecień W. Raszka T. Rudna-Krawczyk S. Boczek T. Ozimek M. Białek K. Malisz B. Wałdoch F. Pleszewski K. Piotrowski C. Polak M. Żygadło Z. Kułakowski F. Kossarzecki A. Jasiński A. Przewoźniak K. Scisly J. Szypielewicz W. Skiba W. Kriger A. Ignaciuk W. Nowicki T. Kolado W. Maciążek M. Mróz T. Grochocka E. Jakobson L. Przybylski A. Maniecki Z. Sobkowiak M. Piotrowski J. Sojda K. Ptak U. OzimekGałkiewicz Name of Representative M. Gąsiorowska M. Gąsiorowska M. Gąsiorowska P. Sowisło P. Sowisło P. Sowisło P. Sowisło P. Sowisło P. Sowisło P. Sowisło CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 141. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. 154. 155. 156. 157. App. No. Case Name 32754/10 32793/10 33289/10 33297/10 33305/10 33312/10 33322/10 33344/10 33460/10 33635/10 33916/10 33922/10 33941/10 34070/10 34153/10 34168/10 34185/10 34204/10 34229/10 34237/10 34289/10 34290/10 34293/10 34294/10 34297/10 34298/10 34347/10 34435/10 34444/10 34467/10 34515/10 34533/10 34553/10 34565/10 34571/10 34684/10 34691/10 34728/10 34735/10 34758/10 34761/10 34794/10 34861/10 34985/10 35015/10 35198/10 35207/10 35217/10 TKACZYK v. Poland MACHERZYŃSKI v. Poland KUŹNIAREK v. Poland KOZŁOWSKI v. Poland TULEYA v. Poland ŻUKOWSKI v. Poland WALUŚKIEWICZ v. Poland ZIĘBA v. Poland CZEŚNIK v. Poland MACUTKIEWICZ v. Poland GOLCEW v. Poland DYNAROWICZ v. Poland DOMINIAK v. Poland ROSZKOWSKA v. Poland WÓJCIK v. Poland FILINGIER v. Poland PLUCIŃSKI v. Poland HYHS v. Poland MALISZEWSKI v. Poland MRÓZ v. Poland BORYSEWICZ v. Poland LANKIEWICZ v. Poland LEWANDOWSKI v. Poland BORYCKI v. Poland WENTEL v. Poland ŁUKASZEK v. Poland JABŁOŃSKI v. Poland DEC v. Poland DZIĘCIOŁ v. Poland SOCHACKI v. Poland SITKIEWICZ v. Poland MAĆKOWIAK v. Poland KRIEGEL v. Poland TOMCZAK v. Poland TOMCZAK v. Poland SZYPIELEWICZ v. Poland SZAMOTA v. Poland SOBIESKI v. Poland STRĄCZYŃSKI v. Poland SOJCZYŃSKI v. Poland SAKOWICZ v. Poland ŁUKA v. Poland SAWICKI v. Poland PIEKARCZYK v. Poland JAWORSKI v. Poland SEMLA v. Poland ZAJĄC v. Poland BĘBEN v. Poland Date of lodging 08/06/2010 08/06/2010 08/06/2010 28/05/2010 10/06/2010 26/05/2010 03/06/2010 07/06/2010 03/06/2010 08/06/2010 07/06/2010 10/06/2010 08/06/2010 10/06/2010 08/06/2010 09/06/2010 10/06/2010 09/06/2010 04/06/2010 15/06/2010 16/06/2010 07/06/2010 07/06/2010 16/06/2010 17/06/2010 01/06/2010 14/06/2010 17/06/2010 17/06/2010 09/06/2010 08/06/2010 16/06/2010 09/06/2010 15/06/2010 15/06/2010 24/05/2010 14/06/2010 15/06/2010 16/06/2010 16/06/2010 17/06/2010 16/06/2010 18/06/2010 17/06/2010 18/06/2010 18/06/2010 18/06/2010 16/06/2010 Introduced by K. Tkaczyk T. Macherzyński S. Kuźniarek F. Kozłowski L. Tuleya B. Żukowski J. Waluśkiewicz P. Zięba J. Cześnik E. Macutkiewicz W. Golcew W. Dynarowicz W. Dominiak M. Roszkowska R. Wójcik B. Filingier J. Pluciński A. Hyhs A. Maliszewski M. Mróz J. Borysewicz S. Lankiewicz K. Lewandowski J. Borycki M. Wentel W. Łukaszek M. Jabłoński Z. Dec G. Dzięcioł L. Sochacki R. Sitkiewicz J. Maćkowiak M. Kriegel D. Tomczak B. Tomczak R. Szypielewicz W. Szamota J. Sobieski S. Strączyński W. Sojczyński L. Sakowicz B. Łuka Z. Sawicki J. Piekarczyk K. Jaworski M. Semla L. Zając K. Bęben 61 Name of Representative CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 62 App. No. Case Name 158. 159. 160. 161. 162. 163. 164. 165. 166. 167. 168. 169. 170. 171. 172. 173. 174. 175. 176. 177. 178. 179. 180. 181. 182. 183. 184. 185. 186. 187. 188. 189. 190. 191. 192. 193. 194. 195. 196. 197. 198. 199. 200. 35223/10 35265/10 35694/10 36145/10 36261/10 36277/10 36320/10 36321/10 36364/10 36396/10 36535/10 36539/10 36559/10 36563/10 36567/10 36619/10 36637/10 36642/10 36644/10 36645/10 36647/10 36650/10 36653/10 36654/10 36661/10 36666/10 36805/10 36809/10 36945/10 37161/10 37196/10 37214/10 37239/10 37242/10 37340/10 37410/10 37634/10 37640/10 37644/10 37656/10 37669/10 37676/10 37680/10 BROJEWSKI v. Poland BUCZEK v. Poland SZULC v. Poland OSTÓJ v. Poland MAŁYSZCZYK v. Poland MOSKALIK v. Poland MATEŃKO v. Poland BOCHENEK v. Poland BANAŚ v. Poland OSEK v. Poland SNADY v. Poland SZULIM v. Poland SMULSKI v. Poland SZULCZYŃSKI v. Poland STOLARSKA v. Poland TOMASZEWSKI v. Poland KUKAWKA v. Poland POSPIECH v. Poland KOSAKOWSKI v. Poland NIEDŹWIEDŹ v. Poland LEWANDOWSKI v. Poland KABAŁA v. Poland ROSZKOWSKI v. Poland RYBICKI v. Poland PIASECZYŃSKA v. Poland KAMIŃSKA v. Poland DUDEK v. Poland DUSZCZYK v. Poland GÓRNY v. Poland CIESIELSKI v. Poland CHUDZIŃSKI v. Poland ZIELIŃSKI v. Poland WAŃKOWICZ v. Poland ZATOŃSKI v. Poland MARCZYK v. Poland J. v. Poland BARYS v. Poland BARCZAK v. Poland STRAŚ v. Poland BYCZEK v. Poland PAŹDZIOR v. Poland WÓJCIK v. Poland STOWARZYSZENIE EMERYTÓW I RENCISTÓW POLICYJNYCH v. Poland 201. 202. 37684/10 ŁUCZAK v. Poland 37686/10 ZAWISTOWSKA v. Poland Date of lodging 15/06/2010 18/06/2010 11/06/2010 22/06/2010 21/06/2010 10/06/2010 23/06/2010 14/06/2010 21/05/2010 14/06/2010 21/06/2010 17/06/2010 17/06/2010 17/06/2010 18/06/2010 21/06/2010 21/06/2010 21/06/2010 24/06/2010 21/06/2010 23/06/2010 22/06/2010 24/06/2010 17/06/2010 14/06/2010 15/06/2010 22/06/2010 16/06/2010 18/06/2010 21/06/2010 21/06/2010 16/06/2010 25/06/2010 28/06/2010 28/06/2010 30/06/2010 29/06/2010 30/06/2010 29/06/2010 30/05/2010 29/06/2010 25/06/2010 29/06/2010 Introduced by W. Brojewski H. Buczek M. Szulc W. Ostój L. Małyszczyk R. Moskalik B. Mateńko J. Bochenek J. Banaś J. Osek J. Snady J. Szulim H. Smulski E. Szulczyński A. Stolarska P. Tomaszewski J. Kukawka M. Pospiech J. Kosakowski Z. Niedźwiedź T. Lewandowski M. Kabała M. Roszkowski J. Rybicki A. Piaseczyńska A. Kamińska A. Dudek Z. Duszczyk S. Górny J. Ciesielski J. Chudziński W. Zieliński Z. Wańkowicz K. Zatoński R. Marczyk J. C. Barys S. Barczak E. Straś A. Byczek S. Paździor B. Wójcik Stowarzyszenie Emerytów i Rencistów Policyjnych 29/06/2010 A. Łuczak 30/06/2010 A. Zawistowska Name of Representative T. Koncewicz CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX App. No. Case Name 203. 204. 205. 206. 207. 208. 209. 210. 211. 212. 213. 214. 215. 216. 217. 218. 219. 220. 221. 222. 223. 37690/10 37695/10 37700/10 37701/10 37706/10 37837/10 37851/10 37966/10 37975/10 37979/10 37983/10 37987/10 37992/10 38003/10 38011/10 38013/10 38060/10 38140/10 38144/10 38358/10 38561/10 ZALEWSKA v. Poland ZATOŃSKA v. Poland ZAWISTOWSKI v. Poland SOBAŃSKI v. Poland SKRZYPEK v. Poland DUDEK v. Poland DOROS v. Poland KOPCZYŃSKI v. Poland TARNAWSKA v. Poland KOZARSKI v. Poland KACPRZYŃSKI v. Poland DYLEWSKA v. Poland KASPRZAK v. Poland KOZARSKA v. Poland URBAN v. Poland KARWOWSKI v. Poland TANANO v. Poland KRASUSKA v. Poland KAŹMIERCZAK v. Poland ŚCIEGIENKA v. Poland MAŁEK and Others v. Poland Date of lodging 30/06/2010 28/06/2010 30/06/2010 01/07/2010 29/06/2010 28/06/2010 29/06/2010 28/06/2010 30/06/2010 28/06/2010 01/07/2010 25/06/2010 29/06/2010 28/06/2010 24/06/2010 28/06/2010 28/06/2010 29/06/2010 01/07/2010 30/06/2010 05/07/2010 224. 225. 226. 227. 228. 229. 230. 231. 232. 233. 234. 235. 236. 237. 238. 239. 240. 241. 242. 38685/10 38807/10 38892/10 38939/10 38994/10 39585/10 39621/10 39632/10 39691/10 39951/10 40137/10 40150/10 40182/10 40204/10 40206/10 40211/10 40372/10 40436/10 40466/10 MATULEWICZ v. Poland STACHOWSKI v. Poland MAGDZIAK v. Poland SEKUŁA v. Poland BĄCZEK v. Poland KOPRUCKI v. Poland KLIMOWICZ v. Poland KWIATKOWSKI v. Poland KAUS v. Poland KOKOT v. Poland ROSIŃSKA v. Poland RACZKOWSKI v. Poland ANTKOWIAK v. Poland GRYCUK v. Poland GRYCUK v. Poland GÓRSKI v. Poland BŁASZKIEWICZ v. Poland RATAJCZAK v. Poland RYMUSZKA v. Poland 02/07/2010 24/06/2010 05/07/2010 28/06/2010 21/06/2010 05/07/2010 02/07/2010 24/06/2010 02/07/2010 02/07/2010 05/07/2010 05/07/2010 21/06/2010 05/07/2010 05/07/2010 02/07/2010 06/07/2010 26/05/2010 02/07/2010 Introduced by H. Zalewska W. Zatońska J. Zawistowski Z. Sobański C. Skrzypek J. Dudek J. Doros J. Kopczyński A. Tarnawska J. Kozarski B. Kacprzyński I. Dylewska J. Kasprzak K. Kozarska A. Urban R. Karwowski B. Tanano I. Krasuska B. Kaźmierczak M. Ściegienka T. Brodzki S. Małek B. Musiał J. Ołowski W. Piątkowski H. Podgórski S. Powichrowski A. Siłuch J. Słupek F. Matulewicz W. Stachowski J. Magdziak J. Sekuła A. Bączek M. Koprucki K. Klimowicz W. Kwiatkowski J. Kaus S. Kokot G. Rosińska M. Raczkowski J. Antkowiak Z. Grycuk J. Grycuk H. Górski W. Błaszkiewicz M. Ratajczak R. Rymuszka 63 Name of Representative M. Gąsiorowska P. Sowisło CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 64 App. No. 243. 244. 245. Case Name 246. 247. 248. 249. 250. 251. 252. 253. 254. 255. 256. 257. 258. 259. 260. 261. 262. 263. 264. 265. 266. 267. 268. 269. 270. 271. 272. 273. 40510/10 CZAPIEWSKI v. Poland 40514/10 ZWIERZYCKI v. Poland 40517/10 NOWAKOWSKA-RAJCA v. Poland 40564/10 STANIEK v. Poland 40677/10 POŻAROWSZCZYK v. Poland 40714/10 KISZKA v. Poland 40720/10 KORALEWICZ v. Poland 40754/10 ŁĄGIEWKA v. Poland 40770/10 KONIECZNY v. Poland 40813/10 KUBISZTAL v. Poland 40818/10 KENIG v. Poland 40823/10 TRZNADEL v. Poland 40870/10 SZMANIA v. Poland 40880/10 HORBACZEK v. Poland 40884/10 MAŁKIEWICZ v. Poland 40887/10 MACIEJEWSKI v. Poland 40907/10 RAJCA v. Poland 40939/10 NIEDBAŁA v. Poland 40976/10 WALOTEK v. Poland 41183/10 POLKIEWICZ v. Poland 41196/10 WALASZEK v. Poland 41229/10 CZERWIEC v. Poland 41245/10 ZIEMIEWICZ v. Poland 41260/10 ZON v. Poland 41622/10 OSTROWICKA v. Poland 41650/10 ORATOR v. Poland 41655/10 BARANOWSKA v. Poland 41662/10 FRUNZE v. Poland 41678/10 ĆWIKLIŃSKA v. Poland 41682/10 ŻOŁĄDKIEWICZ v. Poland 41803/10 ŁABĘCKI and Others v. Poland 274. 275. 41854/10 KOTLAREK v. Poland 42185/10 MAJEWSKI v. Poland Date of lodging 10/06/2010 22/06/2010 30/06/2010 09/07/2010 13/07/2010 16/07/2010 15/07/2010 13/07/2010 06/07/2010 08/07/2010 12/07/2010 09/07/2010 15/07/2010 11/06/2010 13/07/2010 15/07/2010 30/06/2010 22/06/2010 23/06/2010 29/06/2010 10/07/2010 08/07/2010 21/06/2010 07/07/2010 08/07/2010 06/07/2010 03/07/2010 09/07/2010 20/07/2010 22/06/2010 13/07/2010 22/06/2010 12/07/2010 Introduced by S. Czapiewski S. Zwierzycki H. NowakowskaRajca A. Staniek S. Pożarowszczyk J. Kiszka J. Koralewicz B. Łągiewka S. Konieczny T. Kubisztal J. Kenig T. Trznadel B. Szmania M. Horbaczek Z. Małkiewicz G. Maciejewski J. Rajca Z. Niedbała E. Walotek W. Polkiewicz Z. Walaszek J. Czerwiec C. Ziemiewicz R. Zon B. Ostrowicka W. Orator I. Baranowska J. Frunze A. Ćwiklińska J. Żołądkiewicz J. Banach K. Cieślak S. Cyrta A. Kieler J. Łabęcki J. Madej H. Makowska W. Michalak W. Panasiuk G. Skurski M. Śliwiński P. Sosinowicz S. Szeruda L. Wolski B. Zieliński Z. Kotlarek S. Majewski Name of Representative P. Sowisło M. Gąsiorowska P. Sowisło CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX App. No. Case Name 276. 277. 278. 279. 280. 281. 282. 283. 284. 285. 286. 42416/10 42419/10 42426/10 42517/10 42519/10 42524/10 42544/10 42571/10 42616/10 42628/10 42629/10 RZEPCZYŃSKA v. Poland RATAJCZAK v. Poland RAKOWSKA-GROOS v. Poland MATUSZCZYK v. Poland DUDZIAK v. Poland MALISZEWSKI v. Poland SITKOWSKI v. Poland SIWIEC v. Poland SKÓRA v. Poland GNIECIECKA v. Poland HOLI and Others v. Poland Date of lodging 16/07/2010 20/07/2010 22/07/2010 29/06/2010 19/07/2010 12/07/2010 19/07/2010 19/07/2010 15/07/2010 16/07/2010 30/06/2010 287. 288. 289. 290. 291. 292. 293. 294. 295. 296. 297. 298. 299. 300. 301. 302. 303. 304. 305. 306. 42828/10 42830/10 42876/10 43251/10 43295/10 43451/10 43561/10 43641/10 43649/10 43651/10 43653/10 43657/10 44138/10 44382/10 44474/10 44515/10 44556/10 44560/10 44564/10 44565/10 RAKOWSKI v. Poland MAŁKUSZEWSKI v. Poland GRĄZ v. Poland CHLASZCZAK v. Poland WALECZEK v. Poland KENG v. Poland WIŚNIEWSKI v. Poland BUDZYŃSKI v. Poland FAJFROWSKI v. Poland BOROWSKI v. Poland BIELA v. Poland BIAŁY v. Poland KOZIK v. Poland NEWEL v. Poland ADAMSKI v. Poland SUCHOLEWSKI v. Poland GADZIŃSKI v. Poland WOJTYNIAK v. Poland BERNE v. Poland ORZYŁOWSKI v. Poland 26/07/2010 20/07/2010 23/07/2010 26/07/2010 17/07/2010 26/07/2010 27/07/2010 27/07/2010 23/07/2010 13/07/2010 20/07/2010 22/07/2010 29/07/2010 02/08/2010 26/07/2010 28/07/2010 02/08/2010 02/08/2010 02/08/2010 30/07/2010 Introduced by C. Rzepczyńska M. Ratajczak R. Rakowska-Groos S. Matuszczyk A. Dudziak S. Maliszewski J. Sitkowski B. Siwiec R. Skóra E. Gnieciecka K. Debudaj A. Gorgol W. Gorgol W. Holi M. Jagielski H. Jaksa A. Kowalik Z. Łasoń J. Leks T. Łukasik J. Mokry Z. Olkuski W. Szczepański T. Wolczuk S. Rakowski W. Małkuszewski H. Grąz R. Chlaszczak K. Waleczek J. Keng Z. Wiśniewski S. Budzyński A. Fajfrowski K. Borowski S. Biela W. Biały E. Kozik S. Newel K. Adamski L. Sucholewski M. Gadziński W. Wojtyniak J. Berne J. Orzyłowski 65 Name of Representative D. Sucholewski E. Mazurek CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 66 App. No. Case Name 307. 44598/10 BIEŚ and Others v. Poland 308. 309. 310. 311. 312. 313. 314. 315. 316. 317. 318. 319. 320. 321. 322. 323. 324. 325. 326. 327. 328. 329. 330. 331. 332. 44688/10 44805/10 44972/10 45235/10 45499/10 45503/10 45515/10 45535/10 45542/10 45575/10 45722/10 45729/10 45731/10 45736/10 45750/10 45761/10 45792/10 45888/10 45938/10 45961/10 45982/10 45996/10 46040/10 46044/10 46153/10 333. 334. 335. 336. 337. 338. 339. 340. 341. 342. 343. 344. 46164/10 46169/10 46175/10 46187/10 46198/10 46560/10 46561/10 46828/10 46834/10 46876/10 46933/10 47135/10 345. 346. 347. 348. 47179/10 47211/10 47226/10 47371/10 RUNOWSKI v. Poland SANOCKI v. Poland PROTASEWICZ v. Poland MARCZEWSKI v. Poland SKIKIEWICZ v. Poland TARCZEWSKI v. Poland GRZYWACZ v. Poland STACHOWIAK v. Poland BUDZIŁO v. Poland JABŁOŃSKI v. Poland KAROLCZYK v. Poland KOWALSKI v. Poland NOWICKI v. Poland NIEMIRA v. Poland PIŃSKI v. Poland NALEPA v. Poland RAKSZEWSKA v. Poland PODEDWORNY v. Poland PANKIEWICZ v. Poland LASEK v. Poland CIURKO v. Poland BALCEREK v. Poland KUCHARSKA v. Poland KACPRZYŃSKI v. Poland STRYCZYŃSKA-JANICKA v. Poland GAJEWSKI v. Poland DZIEWIRZ v. Poland RANIEWICZ v. Poland GONTAREK v. Poland ALZAK v. Poland ŚWITAŁA v. Poland SUROWIEC-SMÓŁKO v. Poland ZUBIŃSKI v. Poland SKOWRON v. Poland BRĄŻKIEWICZ v. Poland NIESSNER v. Poland JANAS-SKÓRKIEWICZ v. Poland ŚWITAŁA v. Poland SKULSKI v. Poland ŚWIĘCH v. Poland PISARSKI v. Poland Date of Introduced by lodging 22/07/2010 A. Bieś W. Fonfara H. Jasik A. Starchurski 02/08/2010 T. Runowski 02/08/2010 M. Sanocki 02/08/2010 I. Protasewicz 03/08/2010 B. Marczewski 03/08/2010 M. Skikiewicz 28/07/2010 M. Tarczewski 04/08/2010 S. Grzywacz 05/08/2010 K. Stachowiak 30/07/2010 W. Budziło 30/07/2010 R. Jabłoński 03/08/2010 T. Karolczyk 26/07/2010 M. Kowalski 29/07/2010 C. Nowicki 02/08/2010 W. Niemira 06/08/2010 R. Piński 06/08/2010 S. Nalepa 30/07/2010 W. Rakszewska 02/08/2010 Z. Podedworny 28/07/2010 Z. Pankiewicz 04/08/2010 S. Lasek 15/06/2010 J. Ciurko 30/07/2010 M. Balcerek 06/08/2010 E. Kucharska 06/08/2010 S. Kacprzyński 30/07/2010 J. StryczyńskaJanicka 07/08/2010 Z. Gajewski 06/08/2010 H. Dziewirz 06/08/2010 W. Raniewicz 09/08/2010 Z. Gontarek 03/08/2010 K. Alzak 11/08/2010 H. Świtała 09/08/2010 G. Surowiec-Smółko 06/08/2010 Z. Zubiński 13/08/2010 E. Skowron 11/08/2010 A. Brążkiewicz 10/08/2010 S. Niessner 11/08/2010 B. Janas-Skórkiewicz 11/08/2010 11/08/2010 12/08/2010 10/08/2010 D. Świtała Z. Skulski R. Święch J. Pisarski Name of Representative M. Gąsiorowska CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 349. 350. 351. 352. 353. 354. 355. 356. 357. 358. 359. 360. 361. 362. 363. 364. 365. 366. 367. 368. 369. 370. 371. 372. 373. 374. 375. 376. 377. 378. 379. 380. 381. 382. 383. 384. 385. 386. 387. 388. 389. 390. 391. 392. 393. 394. 395. 396. App. No. Case Name 47633/10 47963/10 47987/10 48030/10 48034/10 48041/10 48047/10 48053/10 48094/10 48109/10 48117/10 48129/10 48285/10 48323/10 48328/10 48341/10 48362/10 48364/10 48365/10 48390/10 48446/10 48768/10 48836/10 48837/10 48843/10 48862/10 48878/10 48898/10 48982/10 48990/10 49002/10 49005/10 49008/10 49010/10 49015/10 49017/10 49022/10 49034/10 49038/10 49043/10 49045/10 49047/10 49048/10 49049/10 49053/10 49144/10 49154/10 49160/10 NALBORCZYK v. Poland MANTAY v. Poland GÓRSKI v. Poland DRYŃKOWSKI v. Poland GROBELNY v. Poland GNIECIECKI v. Poland KORONOWSKI v. Poland KOŹBIELSKI v. Poland KRUPSKI v. Poland SZCZEPANEK v. Poland STEC v. Poland SOBOLEWSKA v. Poland MATERNICKI v. Poland KISIEL v. Poland SZTYLER v. Poland SAMOTIUK v. Poland PIETRYKOWSKI v. Poland PŁUŻAŃSKI v. Poland RÓG v. Poland SAWICKI v. Poland NADWORSKI v. Poland MADEJ v. Poland STRZELEC v. Poland ŚWIĄTEK v. Poland KAMIŃSKI v. Poland KIESIEWICZ v. Poland KUNCER v. Poland BŁASIK v. Poland RUTKOWSKI v. Poland PLISZCZUK v. Poland BUKOWSKI v. Poland WNUK v. Poland WOŹNICA v. Poland OLKIEWICZ v. Poland BILIŃSKI v. Poland ZAWADZKI v. Poland ĆWIK v. Poland PISKORSKI v. Poland BRZOZOWSKI v. Poland PINDLOWSKI v. Poland BOLESŁAWSKI v. Poland PROSKURA v. Poland PARYLAK v. Poland NIZNER v. Poland TOMASIK v. Poland WASAK v. Poland WRÓBEL v. Poland ZDROJEWSKI v. Poland Date of lodging 12/08/2010 14/08/2010 09/08/2010 11/08/2010 12/08/2010 07/08/2010 04/08/2010 12/08/2010 13/08/2010 12/08/2010 11/08/2010 09/08/2010 17/08/2010 14/08/2010 17/08/2010 15/08/2010 17/08/2010 16/08/2010 16/08/2010 17/08/2010 15/08/2010 19/08/2010 12/08/2010 12/08/2010 10/08/2010 17/08/2010 19/08/2010 16/08/2010 18/08/2010 19/08/2010 17/08/2010 17/08/2010 16/08/2010 17/08/2010 12/08/2010 13/08/2010 29/06/1938 18/08/2010 19/08/2010 20/08/2010 19/08/2010 18/08/2010 20/08/2010 11/08/2010 17/08/2010 10/08/2010 19/08/2010 16/08/2010 Introduced by J. Nalborczyk J. Mantay S. Górski M. Dryńkowski Z. Grobelny M. Gnieciecki J. Koronowski Z. Koźbielski W. Krupski Z. Szczepanek L. Stec U. Sobolewska M. Maternicki A. Kisiel J. Sztyler R. Samotiuk G. Pietrykowski M. Płużański J. Róg B. Sawicki J. Nadworski T. Madej W. Strzelec E. Świątek R. Kamiński B. Kiesiewicz T. Kuncer W. Błasik K. Rutkowski M. Pliszczuk I. Bukowski R. Wnuk A. Woźnica J. Olkiewicz W. Biliński T. Zawadzki H. Ćwik M. Piskorski L. Brzozowski C. Pindlowski M. Bolesławski J. Proskura J. Parylak U. Nizner L. Tomasik A. Wasak K. Wróbel F. Zdrojewski 67 Name of Representative M. Gąsiorowska CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 68 App. No. Case Name 397. 398. 399. 400. 401. 402. 403. 404. 405. 406. 407. 408. 49179/10 49200/10 49204/10 49220/10 49224/10 49225/10 49226/10 49236/10 49237/10 49242/10 49301/10 49312/10 409. 410. 411. 412. 413. 414. 415. 416. 417. 418. 419. 420. 421. 422. 423. 424. 425. 426. 427. 428. 429. 430. 431. 432. 433. 434. 435. 436. 437. 438. 439. 440. 441. 442. 443. 49328/10 49375/10 49376/10 49378/10 49381/10 49417/10 49441/10 49450/10 49466/10 49474/10 49563/10 49568/10 49571/10 49582/10 49807/10 49855/10 49971/10 49981/10 50026/10 50118/10 50183/10 50448/10 50473/10 50493/10 50510/10 50519/10 50552/10 50570/10 50584/10 50627/10 50636/10 50666/10 50685/10 50692/10 50698/10 SPIEGOLSKA v. Poland MICHALEWICZ v. Poland MATUSZEWSKI v. Poland CZARNECKI v. Poland BRZEZEK v. Poland BŁAŻEJEWSKI v. Poland PĘCHERZEWSKI v. Poland LASKA v. Poland BIERNACKA v. Poland LISICKI v. Poland MAGDZIARZ v. Poland CZEMPLIŃSKI and MALINOWSKI v. Poland SAWKA v. Poland DĘBSKI v. Poland BIELAWIAK v. Poland BISZCZAK v. Poland OPAŁKA v. Poland DANIEL v. Poland SZCZERBICKI v. Poland ŚLIWA v. Poland DOMSKI v. Poland GROCHOWSKI v. Poland ŚWIĘTALSKI v. Poland STEFAŃSKI v. Poland MAŚNICA v. Poland MIODUSZEWSKA v. Poland KRÓL v. Poland NATOŃSKI v. Poland KWIECIŃSKI v. Poland NOWACKI v. Poland KWIECIEŃ v. Poland TURA v. Poland KIJANKA v. Poland HARAJ v. Poland PRZYBYSZEWSKI v. Poland PRZYBYSZEWSKA v. Poland PROKOP v. Poland LESIÓW v. Poland JOPERT v. Poland KUKUŁA v. Poland KSIĄŻEK v. Poland UMIĘCKI v. Poland GRANICZNY v. Poland KISIEL v. Poland CIUPEK v. Poland KLUZ v. Poland KORNECKI v. Poland Date of lodging 20/08/2010 20/08/2010 16/08/2010 12/08/2010 18/08/2010 19/08/2010 17/08/2010 16/08/2010 20/08/2010 10/08/2010 19/08/2010 10/08/2010 18/08/2010 20/08/2010 16/08/2010 16/08/2010 20/08/2010 20/08/2010 17/08/2010 09/08/2010 12/08/2010 09/08/2010 24/08/2010 23/08/2010 23/08/2010 24/08/2010 24/08/2010 19/08/2010 18/08/2010 23/08/2010 16/08/2010 25/08/2010 23/08/2010 17/08/2010 26/08/2010 26/08/2010 07/08/2010 19/08/2010 21/08/2010 18/08/2010 23/08/2010 23/08/2010 23/08/2010 20/08/2010 26/08/2010 20/08/2010 20/08/2010 Introduced by G. Spiegolska L. Michalewicz T. Matuszewski J. Czarnecki M. Brzezek A. Błażejewski S. Pęcherzewski W. Laska T. Biernacka R. Lisicki D. Magdziarz G. Czempliński W. Malinowski S. Sawka J. Dębski E. Bielawiak S. Biszczak L. Opałka H. Daniel E. Szczerbicki E. Śliwa J. Domski J. Grochowski K. Świętalski R. Stefański J. Maśnica M. Mioduszewska L. Król W. Natoński B. Kwieciński L. Nowacki R. Kwiecień A. Tura I. Kijanka R. Haraj Z. Przybyszewski B. Przybyszewska J. Prokop W. Lesiów W. Jopert E. Kukuła W. Książek A. Umięcki J. Graniczny M. Kisiel H. Ciupek A. Kluz J. Kornecki Name of Representative M. Gąsiorowska CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX App. No. Case Name 444. 445. 446. 447. 448. 449. 450. 451. 452. 453. 454. 455. 456. 457. 458. 459. 460. 461. 462. 463. 50710/10 50725/10 50730/10 50731/10 50770/10 50783/10 50787/10 50793/10 50798/10 50808/10 50809/10 50832/10 50854/10 50875/10 50920/10 50922/10 50923/10 50928/10 50930/10 51403/10 464. 465. 466. 467. 468. 469. 470. 471. 472. 473. 51454/10 51497/10 51501/10 51575/10 51762/10 51896/10 51925/10 52083/10 52087/10 52089/10 BUJAS v. Poland WIERZYŃSKI v. Poland CHRZANOWSKI v. Poland BUKOWIECKI v. Poland KARBOWIAK v. Poland STOLARCZYK v. Poland STALEWSKI v. Poland SZCZYGIEŁ v. Poland SZYMONIAK v. Poland SOŁDEK v. Poland OBROK v. Poland BARAŃSKI v. Poland BALAZY v. Poland BEKSA v. Poland FORMA v. Poland BAŁBATUN v. Poland ŻAK v. Poland WARCZYGŁOWSKI v. Poland FILIPIAK v. Poland KRYNICKA-TAROCIŃSKA v. Poland LANG v. Poland BUCHAJCZYK v. Poland RADKO v. Poland BAROW v. Poland STEC v. Poland SEREK v. Poland SZYKNY v. Poland STRĄCZKOWSKA v. Poland MIRA v. Poland STEC and Others v. Poland 474. 475. 476. 477. 478. 479. 480. 481. 482. 483. 484. 485. 486. 487. 488. 52347/10 52447/10 52461/10 52467/10 52471/10 52495/10 52780/10 52867/10 53348/10 53358/10 53473/10 53549/10 53629/10 53775/10 53776/10 SKOREK v. Poland SZEWC v. Poland ANDRZEJEWSKI v. Poland GOŁASZEWSKI v. Poland SAWICKI v. Poland KALICIAK v. Poland RÓŻAŃSKI v. Poland SZCZEPANEK v. Poland KINA-WROŃSKI v. Poland WOJCIECHOWSKI v. Poland ŚWIERCZEWSKI v. Poland BARYŁA v. Poland OTMIANOWSKI v. Poland KAMIŃSKI v. Poland TOTA v. Poland Date of lodging 21/08/2010 25/08/2010 18/08/2010 23/08/2010 27/08/2010 26/08/2010 23/08/2010 22/08/2010 23/08/2010 22/08/2010 18/08/2010 19/08/2010 18/08/2010 23/08/2010 19/08/2010 23/08/2010 23/08/2010 19/08/2010 30/08/2010 20/08/2010 19/08/2010 23/08/2010 30/08/2010 02/09/2010 24/08/2010 23/08/2010 20/08/2010 28/08/2010 27/08/2010 02/09/2010 02/09/2010 12/08/2010 16/08/2010 19/08/2010 19/08/2010 27/08/2010 30/08/2010 03/09/2010 08/09/2010 31/08/2010 13/09/2010 27/08/2010 05/09/2010 01/09/2010 13/09/2010 Introduced by J. Bujas E. Wierzyński K. Chrzanowski S. Bukowiecki H. Karbowiak M. Stolarczyk R. Stalewski B. Szczygieł H. Szymoniak M. Sołdek R. Obrok K. Barański E. Balazy A. Beksa S. Forma A. Bałbatun S. Żak R. Warczygłowski M. Filipiak K. KrynickaTarocińska W. Lang S. Buchajczyk C. Radko T. Barow T. Stec L. Serek K. Szykny B. Strączkowska H. Mira K. Leja J. Nowicki R. Stec A. Skorek J. Szewc G. Andrzejewski Z. Gołaszewski R. Sawicki E. Kaliciak E. Różański W. Szczepanek W. Kina-Wroński B. Wojciechowski J. Świerczewski K. Baryła Z. Otmianowski J. Kamiński M. Tota 69 Name of Representative M. Gąsiorowska CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 70 App. No. Case Name 489. 490. 491. 492. 493. 494. 495. 496. 497. 498. 499. 500. 54267/10 54348/10 54977/10 55602/10 55616/10 55633/10 55871/10 55894/10 55901/10 56076/10 56202/10 56261/10 GARSZTKA v. Poland GÓRCZYŃSKI v. Poland STĘPIEŃ v. Poland BERENDT v. Poland OLSZLEGER v. Poland ORNOCH v. Poland OGRZYŃSKI v. Poland KUBINA v. Poland BRENDZEL v. Poland URBAŃSKI v. Poland KOSTYRA v. Poland SKONIECZNY and Others v. Poland 501. 502. 503. 504. 505. 506. 507. 56400/10 56517/10 56993/10 57584/10 57599/10 57680/10 57839/10 508. 509. 510. 511. 512. 513. 514. 515. 516. 517. 518. 519. 520. 521. 522. 523. 524. 525. 526. 527. 57972/10 58013/10 58782/10 58826/10 58908/10 58983/10 59137/10 59151/10 59227/10 59924/10 60192/10 60198/10 60269/10 60277/10 60289/10 61189/10 61392/10 61397/10 61517/10 61684/10 BYLINOWSKI v. Poland PADUSZYŃSKI v. Poland JANKOWSKI v. Poland SZLAMA v. Poland BIGOSIŃSKA v. Poland KUŚNIERZ v. Poland GARGOL-KOWALCZYK v. Poland WIŚNIOWSKA v. Poland KĘPIŃSKI v. Poland PASZKIEWICZ v. Poland PAWLICKI v. Poland FAL v. Poland DOBROGOSZCZ v. Poland KOWIESKI v. Poland MILCZAREK v. Poland GŁOWACKI v. Poland TERCZEWSKI v. Poland NIEWĘGŁOWSKI v. Poland LEONOWICZ v. Poland PLEBAN v. Poland ROŻYBOWSKI v. Poland ROŻYBOWSKA v. Poland BĄK v. Poland SZYMAŃSKI v. Poland POHL v. Poland HAGNO v. Poland DURCZYŃSKI v. Poland Date of lodging 10/09/2010 01/09/2010 13/09/2010 24/08/2010 10/09/2010 21/09/2010 20/09/2010 21/09/2010 16/09/2010 07/09/2010 20/09/2010 23/09/2010 Introduced by 17/09/2010 24/09/2010 30/09/2010 28/09/2010 01/10/2010 30/09/2010 29/09/2010 S. Garsztka J. Górczyński M. Stępień M. Berendt K. Olszleger M. Ornoch A. Ogrzyński J. Kubina D. Brendzel Z. Urbański I. Kostyra S. Janusiewicz Z. Kozłowski J. Skonieczny A. Zawicki J. Ziółkowski J. Bylinowski M. Paduszyński W. Jankowski E. Szlama J. Bigosińska E. Kuśnierz B. Gargol-Kowalczyk 30/09/2010 01/10/2010 30/09/2010 28/09/2010 29/09/2010 01/10/2010 04/10/2010 07/10/2010 25/05/2010 07/10/2010 05/10/2010 09/10/2010 09/10/2010 09/10/2010 08/10/2010 13/10/2010 09/10/2010 11/10/2010 15/10/2010 14/10/2010 R. Wiśniowska A. Kępiński L. Paszkiewicz Z. Pawlicki M. Fal J. Dobrogoszcz J. Kowieski J. Milczarek Z. Głowacki K. Terczewski K. Niewęgłowski Z. Leonowicz E. Pleban K. Rożybowski G. Rożybowska W. Bąk A. Szymański J. Pohl T. Hagno R. Durczyński Name of Representative P. Gerhardy M. Gąsiorowska P. Sowisło CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX App. No. Case Name 528. 62074/10 SUSZCZEWSKI and Ohers v. Poland 529. 530. 62100/10 CHYLAK v. Poland 62131/10 WYSZOMIRSKA and Others v. Poland 531. 62911/10 BARTCZAK-MALESZKA v. Poland 63202/10 STAROŃ v. Poland 63241/10 JÓŹWIAK v. Poland 63336/10 WUDARSKA v. Poland 63538/10 BOGDANOWICZ v. Poland 63542/10 BOGDANOWICZ v. Poland 63561/10 SZĄBARA v. Poland 64671/10 WIŚNIEWSKA v. Poland 64895/10 BRODZISZ v. Poland 64930/10 ZABIELSKI v. Poland 64983/10 ŁADA v. Poland 66597/10 GUTRAL v. Poland 66828/10 KALBARCZYK v. Poland 66992/10 HAJDUK v. Poland 67010/10 IWANIEWICZ v. Poland 67694/10 BOSEK v. Poland 68151/10 RATAJCZAK v. Poland 68266/10 KRASICKI v. Poland 69277/10 STĘPIEŃ-ALZAK v. Poland 70315/10 MIZERA v. Poland 70418/10 MIKOŁAJCZYK v. Poland 532. 533. 534. 535. 536. 537. 538. 539. 540. 541. 542. 543. 544. 545. 546. 547. 548. 549. 550. 551. Date of Introduced by lodging 04/10/2010 S. Czeszak J. Dolecki B. Łukasik L. Nowicki S. Pytlarz Z. Ryszawa W. Siewert W. Suszczewski S. Szczepaniak K. Zawalska 18/10/2010 S. Chylak 04/10/2010 H. Czapska U. Kaczorowska E. Kamińska M. Klauzo A. Kończak J. Kowalski S. Laskowski E. Linowska G. Piasny T. Pieńkowska K. Pilarska E. Stępniewska S. Tokarski R. Wyszomirska Z. Wyszomirski 20/10/2010 U. BartczakMaleszka 11/10/2010 W. Staroń 13/10/2010 Z. Jóźwiak 23/10/2010 W. Wudarska 22/09/2010 E. Bogdanowicz 22/09/2010 P. Bogdanowicz 21/10/2010 W. Sząbara 02/11/2010 B. Wiśniewska 02/11/2010 E. Brodzisz 08/10/2010 S. Zabielski 26/10/2010 H. Łada 08/11/2010 K. Gutral 09/11/2010 Z. Kalbarczyk 29/10/2010 J. Hajduk 09/11/2010 H. Iwaniewicz 13/11/2010 T. Bosek 29/10/2010 S. Ratajczak 03/11/2010 R. Krasicki 19/11/2010 M. Stępień-Alzak 24/11/2010 S. Mizera 13/11/2010 W. Mikołajczyk 71 Name of Representative M. Gąsiorowska M. Gąsiorowska P. Sowisło M. Wiśniewski M. Gąsiorowska CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 72 App. No. Case Name 552. 553. 554. 555. 556. 557. 558. 559. 560. 561. 562. 563. 564. 565. 566. 567. 568. 569. 570. 571. 572. 573. 574. 575. 576. 577. 578. 579. 580. 581. 582. 583. 584. 585. 586. 587. 588. 589. 590. 591. 592. 593. 70435/10 70507/10 70701/10 71638/10 72090/10 72137/10 72206/10 72288/10 72290/10 72297/10 72361/10 72668/10 72683/10 73014/10 73037/10 73286/10 73421/10 73599/10 73617/10 73626/10 74045/10 74437/10 74830/10 74930/10 74942/10 75007/10 75125/10 416/11 442/11 803/11 890/11 972/11 982/11 1097/11 1199/11 1228/11 1761/11 2708/11 3116/11 3131/11 3615/11 3623/11 594. 595. 596. 597. 3772/11 4921/11 5034/11 5071/11 BOGUSZEWSKA v. Poland ŁOBATIUK v. Poland NIEDŹWIECKI v. Poland WIŚNIEWSKI v. Poland WÓJCIK v. Poland NOWAK v. Poland NOWAKOWSKI v. Poland ŁAPUSZEK v. Poland IWICKA-KAMIŃSKA v. Poland PRUSZYŃSKI v. Poland LAMBER v. Poland DUDEK v. Poland GÓRALCZYK v. Poland CHUDZIŃSKI v. Poland KRUPOWICZ v. Poland JANIUK v. Poland GWIAZDA v. Poland TOLAK v. Poland SILUK v. Poland RACZYŃSKA v. Poland KWIATKOWSKI v. Poland BINKOWSKI v. Poland WEREMCZUK v. Poland DOLECKI v. Poland GRZYBOWSKI v. Poland LIPIEC v. Poland NOWACKI v. Poland GŁOMSKI v. Poland MOSEK v. Poland OGORZELEC v. Poland BORTKIEWICZ v. Poland KOLBOWICZ v. Poland KRASUSKI v. Poland OPALA v. Poland LASKOWSKI v. Poland LUBASIŃSKI v. Poland CHOCIESZYŃSKI v. Poland BŁAZIAK v. Poland WEBER v. Poland WEJNER v. Poland STACHOWIAK v. Poland SZCZYGIEŁ and ZAJĄC v. Poland PUK v. Poland WÓJCIK v. Poland PIETRZAK v. Poland ROGOWSKI v. Poland Date of lodging 23/11/2010 07/11/2010 08/11/2010 25/11/2010 20/11/2010 08/11/2010 15/11/2010 01/12/2010 22/11/2010 24/11/2010 22/11/2010 01/12/2010 01/12/2010 02/12/2010 06/12/2010 07/12/2010 07/12/2010 07/12/2010 06/12/2010 07/12/2010 03/12/2010 08/12/2010 15/12/2010 06/12/2010 14/12/2010 29/11/2010 14/12/2010 03/12/2010 29/12/2010 21/12/2010 08/12/2010 21/12/2010 06/12/2010 28/12/2010 23/12/2010 16/12/2010 13/12/2010 05/01/2010 15/12/2010 05/01/2011 30/12/2010 02/01/2011 10/01/2011 11/01/2011 21/12/2010 24/12/2010 Introduced by H. Boguszewska B. Łobatiuk J. Niedźwiecki J. Wiśniewski J. Wójcik J. Nowak M. Nowakowski H. Łapuszek M. Iwicka-Kamińska P. Pruszyński B. Lamber Z. Dudek H. Góralczyk L. Chudziński J. Krupowicz A. Janiuk W. Gwiazda R. Tolak M. Siluk J. Raczyńska W. Kwiatkowski J. Binkowski T. Weremczuk J. Dolecki A. Grzybowski S. Lipiec A. Nowacki B. Głomski S. Mosek K. Ogorzelec A. Bortkiewicz M. Kolbowicz I. Krasuski E. Opala L. Laskowski C. Lubasiński T. Chocieszyński M. Błaziak R. Weber W. Wejner R. Stachowiak W. Szczygieł A. Zając K. Puk A. Wójcik J. Pietrzak M. Rogowski Name of Representative M. Gąsiorowska D. Sucholewski D. Sucholewski M. Gąsiorowska M. Gąsiorowska CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 598. 599. 600. 601. 602. 603. 604. 605. 606. 607. 608. 609. 610. 611. 612. 613. 614. 615. 616. 617. 618. 619. 620. 621. 622. 623. 624. 625. 626. 627. 628. 629. 630. 631. 632. 633. 634. 635. 636. 637. 638. 639. 640. 641. 642. 643. 644. App. No. Case Name 5610/11 5750/11 5821/11 6110/11 6418/11 6633/11 6677/11 6785/11 6901/11 7142/11 7193/11 7226/11 7301/11 7348/11 7380/11 7435/11 7558/11 7564/11 7569/11 7578/11 7649/11 7737/11 7742/11 7842/11 7915/11 8079/11 8802/11 9064/11 9726/11 9925/11 10011/11 10072/11 10094/11 10112/11 10117/11 10273/11 10360/11 10445/11 10635/11 11187/11 11705/11 11848/11 11880/11 12004/11 12008/11 12248/11 12383/11 MUSZAŁKIEWICZ v. Poland POLAK v. Poland KOSTRZEWSKI v. Poland KAMIENIAK v. Poland CYLWIK v. Poland SNARSKI v. Poland SOCHA v. Poland STĘPIEŃ v. Poland ZDYBICKI v. Poland KWASEK v. Poland MACHNIK v. Poland ŁADNO v. Poland SEN v. Poland BAKA-ORGANIŚCIAK v. Poland KAŃCZUGOWSKI v. Poland NYCH v. Poland GĘDZIOROWSKI v. Poland GÓRNA v. Poland GÓRNY v. Poland GODLEWSKI v. Poland GAJDAMOWICZ v. Poland ROCZNIAK v. Poland RYCAJ v. Poland CIEBIEŃ v. Poland WOJTYSIAK v. Poland SZUMSKI v. Poland KLEPUSZEWSKI v. Poland BUCZAK v. Poland CZEMPORA v. Poland KOSOWSKI v. Poland ŚPIEWAK v. Poland GDANIEC v. Poland KISIEL v. Poland ŚMIGIEL v. Poland ŚLIWIŃSKI v. Poland ŁYP v. Poland KORDEK v. Poland PIĄTKOWSKA v. Poland PRUSZYŃSKI v. Poland WICHER v. Poland OLEJNIK v. Poland BIAŁEK v. Poland BARAŃSKI v. Poland BUFAN-GOCYK v. Poland MIASKOWSKI v. Poland WEBER v. Poland KADAJ v. Poland Date of lodging 10/01/2011 19/01/2011 18/01/2011 18/01/2011 18/01/2011 13/01/2011 20/01/2011 25/01/2011 24/01/2011 21/01/2011 28/01/2011 18/01/2011 18/01/2011 19/01/2011 26/01/2011 28/01/2011 25/01/2011 27/01/2011 27/01/2011 28/01/2011 24/01/2011 29/01/2011 28/01/2011 25/01/2011 24/01/2011 07/01/2011 25/01/2011 29/01/2011 01/02/2011 07/02/2011 04/02/2011 25/01/2011 04/02/2011 07/02/2011 26/01/2011 04/02/2011 31/01/2011 11/02/2011 09/02/2011 01/02/2011 04/02/2011 05/02/2011 03/02/2011 16/02/2011 17/02/2011 14/02/2011 17/02/2011 Introduced by W. Muszałkiewicz H. Polak G. Kostrzewski K. Kamieniak J. Cylwik W. Snarski W. Socha S. Stępień M. Zdybicki J. Kwasek A. Machnik W. Ładno P. Sen K. Baka-Organiściak H. Kańczugowski M. Nych C. Gędziorowski L. Górna K. Górny K. Godlewski T. Gajdamowicz A. Roczniak R. Rycaj J. Ciebień S. Wojtysiak F. Szumski A. Klepuszewski Z. Buczak M. Czempora W. Kosowski L. Śpiewak K. Gdaniec T. Kisiel M. Śmigiel W. Śliwiński J. Łyp W. Kordek M. Piątkowska S. Pruszyński B. Wicher A. Olejnik H. Białek M. Barański J. Bufan-Gocyk S. Miaskowski M. Weber R. Kadaj 73 Name of Representative M. Gąsiorowska D. Sucholewski CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 74 App. No. Case Name 645. 646. 647. 648. 649. 650. 12845/11 12852/11 13012/11 13016/11 13018/11 13034/11 651. 652. 653. 654. 655. 656. 657. 658. 659. 660. 661. 662. 663. 664. 665. 666. 667. 668. 669. 670. 13589/11 13622/11 13745/11 13758/11 13906/11 13940/11 13988/11 13991/11 14029/11 14042/11 14483/11 14708/11 14718/11 15855/11 16672/11 16696/11 16768/11 17611/11 17615/11 17722/11 671. 672. 673. 674. 675. 676. 677. 678. 679. 680. 681. 682. 683. 684. 685. 686. 687. 688. 689. 690. 18059/11 18266/11 18451/11 18727/11 18743/11 18750/11 18801/11 18827/11 18871/11 18885/11 18921/11 18955/11 19187/11 19440/11 19515/11 19527/11 19633/11 20406/11 20410/11 20492/11 PIECHOTA v. Poland ROMAN v. Poland DOGIEL v. Poland KURPIEWSKI v. Poland KRZYŻANOWSKI v. Poland ADAMCZEWSKA-WAGNER v. Poland ŁESAK v. Poland JAREMEK v. Poland KOSNO v. Poland LESKI v. Poland NOWICKI v. Poland RYCOMBEL v. Poland SIADAK v. Poland SAJEWSKI v. Poland STACHOWIAK v. Poland OLĘDZKI v. Poland DOGIEL v. Poland GOCYK v. Poland GOROŃSKI v. Poland SOSNOWSKI v. Poland JANISZEWSKI v. Poland SZADY v. Poland KULEJ v. Poland HAWRYŁO v. Poland HAWRYŁO v. Poland PASZKOWSKA-GABRYSZAK v. Poland MŁYŃCZAK v. Poland LORENC v. Poland PŁOTKOWIAK v. Poland GONERA v. Poland ŻYCZYCA v. Poland GORZELANY v. Poland MAŁECKI v. Poland LANGE v. Poland KANIECKI v. Poland KASPRZAK v. Poland JANUS v. Poland PISKOREK v. Poland SAK v. Poland SOSZYŃSKI v. Poland ŁYSAKOWSKI v. Poland BEREZECKI v. Poland WITKOWSKI v. Poland JANUSZEWSKI v. Poland MAIK v. Poland OZYP v. Poland Date of lodging 17/02/2011 17/02/2011 22/02/2011 21/02/2011 21/02/2011 17/02/2011 22/02/2011 09/02/2011 18/02/2011 24/02/2011 23/02/2011 08/02/2011 23/02/2011 23/02/2011 23/02/2011 25/02/2011 23/02/2011 21/02/2011 21/02/2011 10/02/2011 03/03/2011 02/03/2011 22/02/2011 07/03/2011 07/03/2011 14/03/2011 14/03/2011 16/03/2011 10/03/2011 03/03/2011 15/03/2011 07/03/2011 18/03/2011 14/03/2011 07/03/2011 14/03/2011 18/03/2011 16/03/2011 14/03/2011 22/03/2011 23/03/2011 14/03/2011 03/03/2011 21/03/2011 21/03/2011 20/03/2011 Introduced by M. Piechota W. Roman M. Dogiel S. Kurpiewski J. Krzyżanowski Z. AdamczewskaWagner B. Łesak J. Jaremek L. Kosno S. Leski E. Nowicki J. Rycombel M. Siadak R. Sajewski W. Stachowiak J. Olędzki E. Dogiel A. Gocyk M. Goroński S. Sosnowski J. Janiszewski R. Szady K. Kulej E. Hawryło E. Hawryło Z. PaszkowskaGabryszak W. Młyńczak A. Lorenc R. Płotkowiak M. Gonera Z. Życzyca J. Gorzelany Z. Małecki R. Lange J. Kaniecki M. Kasprzak D. Janus R. Piskorek S. Sak M. Soszyński J. Łysakowski S. Berezecki P. Witkowski A. Januszewski A. Maik T. Ozyp Name of Representative M. Gąsiorowska CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 691. 692. 693. 694. 695. 696. 697. 698. 699. 700. 701. 702. 703. 704. 705. 706. 707. 708. 709. 710. 711. 712. 713. 714. 715. 716. 717. 718. 719. 720. 721. 722. 723. 724. 725. 726. 727. 728. 729. 730. 731. 732. 733. 734. 735. 736. 737. 738. App. No. Case Name 20776/11 20927/11 21018/11 21400/11 21401/11 22361/11 22418/11 22425/11 22434/11 22994/11 23168/11 23251/11 23294/11 23397/11 24193/11 24336/11 24560/11 24966/11 25218/11 25376/11 25378/11 25792/11 25800/11 26081/11 26101/11 26483/11 26847/11 27662/11 27694/11 27695/11 27763/11 27850/11 28185/11 28232/11 28927/11 29000/11 29029/11 29265/11 29500/11 29502/11 29816/11 29917/11 29983/11 30021/11 30323/11 30743/11 30900/11 30921/11 MATUSZEWSKI v. Poland GAŁĄZKA v. Poland SZEWCZYK v. Poland KOCOT v. Poland KOWAŃSKA v. Poland ZIAJKO v. Poland KUBISZ v. Poland KABALA v. Poland KWIECIŃSKI v. Poland TRACZYK v. Poland OLSZEWSKI v. Poland SAK v. Poland WOŚ v. Poland PRĄTNICKI v. Poland SULIKOWSKI v. Poland ZARĘBSKI v. Poland KLAJA v. Poland ROGALSKI v. Poland MARZEC v. Poland DEPTUSZEWSKI v. Poland KACZOROWSKI v. Poland MUSIDLAK v. Poland MOTAŁA v. Poland MICHNO v. Poland ŻERLAK v. Poland CIASTOWICZ v. Poland KRUSZYŃSKI v. Poland SOCHA v. Poland BARANKIEWICZ v. Poland MILKA v. Poland STACHOWICZ v. Poland ŁONIEWSKA v. Poland SKOREK v. Poland PUTKOWSKI v. Poland SKAWIŃSKI v. Poland KAMIENIAK v. Poland KOTARSKI v. Poland MAZIK v. Poland HOSZKIEWICZ v. Poland SAWICKI v. Poland DOLINIAK v. Poland KUCZYK v. Poland KWIECIŃSKI v. Poland KURZACZ v. Poland SKUPIŃSKI v. Poland OCHMAŃSKI v. Poland BĘDKOWSKI v. Poland KAPUŚCIŃSKI v. Poland Date of lodging 16/03/2011 24/03/2011 16/03/2011 14/03/2011 20/03/2011 30/03/2011 31/03/2011 29/03/2011 30/03/2011 04/04/2011 03/12/2010 08/04/2011 07/04/2011 06/04/2011 11/04/2011 06/04/2011 13/04/2011 14/04/2011 15/04/2011 09/04/2011 08/04/2011 19/04/2011 20/04/2011 22/04/2011 15/04/2011 15/04/2011 14/04/2011 15/04/2011 28/04/2011 27/04/2011 13/04/2011 26/04/2011 26/04/2011 22/04/2011 28/04/2011 26/04/2011 02/05/2011 27/04/2011 28/04/2011 06/05/2011 05/05/2011 28/04/2011 05/05/2011 28/04/2011 09/05/2011 06/05/2011 05/05/2011 09/05/2011 Introduced by P. Matuszewski Z. Gałązka J. Szewczyk E. Kocot A. Kowańska J. Ziajko P. Kubisz L. Kabala W. Kwieciński W. Traczyk W. Olszewski T. Sak M. Woś M. Prątnicki J. Sulikowski M. Zarębski H. Klaja J. Rogalski J. Marzec E. Deptuszewski R. Kaczorowski J. Musidlak A. Motała J. Michno A. Żerlak K. Ciastowicz W. Kruszyński S. Socha Z. Barankiewicz T. Milka H. Stachowicz I. Łoniewska E. Skorek A. Putkowski F. Skawiński J. Kamieniak A. Kotarski A. Mazik W. Hoszkiewicz J. Sawicki Z. Doliniak S. Kuczyk L. Kwieciński A. Kurzacz Z. Skupiński Z. Ochmański J. Będkowski S. Kapuściński 75 Name of Representative M. Gąsiorowska P. Sowisło CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 76 739. 740. 741. 742. 743. 744. 745. 746. 747. 748. 749. 750. 751. 752. 753. 754. 755. 756. 757. 758. 759. 760. 761. 762. 763. 764. 765. 766. 767. 768. 769. 770. 771. 772. 773. 774. 775. 776. 777. 778. 779. 780. 781. 782. 783. 784. 785. 786. App. No. Case Name 30923/11 30966/11 30977/11 31156/11 31185/11 31352/11 31358/11 31382/11 31407/11 31414/11 31427/11 31582/11 32080/11 32331/11 32431/11 32483/11 32484/11 32538/11 32559/11 32601/11 32714/11 33089/11 33190/11 33872/11 33957/11 34223/11 34280/11 34284/11 34830/11 34944/11 34953/11 34991/11 35014/11 35018/11 35046/11 35499/11 35508/11 35527/11 36632/11 37162/11 37174/11 37185/11 37207/11 37293/11 37414/11 37415/11 37447/11 37634/11 KOZIEŁ v. Poland MUSZALSKA v. Poland JAROS v. Poland SADOWSKI v. Poland PUKIS v. Poland GUTKIEWICZ v. Poland GODZIŃSKA v. Poland GŁOWIŃSKI v. Poland GRABOWSKI v. Poland DOMINOWSKI v. Poland DESKA v. Poland WILK v. Poland SMAGA v. Poland TRYBUS v. Poland ŚLĘCZEK v. Poland ZUBALA v. Poland NAWROCKI v. Poland LESZCZYŃSKI v. Poland LISOWSKI v. Poland BIGAJ v. Poland JURECZKO v. Poland WASILEWSKA v. Poland KACZMAREK v. Poland CHUDY v. Poland DOBRZYŃSKA v. Poland KACZOR v. Poland PLEŚNIARSKI v. Poland PIASECZYŃSKI v. Poland PRESSLER v. Poland ZMARZŁA v. Poland SOŁTYSIAK v. Poland STUDZIŃSKI v. Poland KUJAWA v. Poland KLECZYK v. Poland NAPIERAŁA v. Poland CYCHOWSKA v. Poland WÓJCIK v. Poland WOJNARSKI v. Poland PATRZAŁEK v. Poland WALKOWICZ v. Poland WALKOWICZ v. Poland WALKOWICZ v. Poland WILKIEWICZ v. Poland BŁAŻ v. Poland NOWAK v. Poland ZIOMEK v. Poland LUBA v. Poland SŁOMKA v. Poland Date of lodging 12/05/2011 11/05/2011 09/05/2011 11/05/2011 06/05/2011 13/05/2011 03/05/2011 06/05/2011 11/05/2011 11/05/2011 10/05/2011 04/05/2011 16/05/2011 13/05/2011 17/05/2011 17/05/2011 17/05/2011 29/04/2011 05/05/2011 16/05/2011 23/05/2011 16/05/2011 18/05/2011 23/05/2011 26/05/2011 26/05/2011 27/05/2011 24/05/2011 30/05/2011 28/05/2011 31/05/2011 31/05/2011 24/05/2011 31/05/2011 30/05/2011 03/06/2011 23/05/2011 25/05/2011 10/06/2011 09/06/2011 30/05/2011 30/05/2011 14/06/2011 08/06/2011 16/06/2011 07/06/2011 13/06/2011 01/06/2011 Introduced by J. Kozieł T. Muszalska M. Jaros J. Sadowski S. Pukis I. Gutkiewicz W. Godzińska K. Głowiński B. Grabowski W. Dominowski S. Deska A. Wilk W. Smaga J. Trybus B. Ślęczek S. Zubala S. Nawrocki M. Leszczyński W. Lisowski A. Bigaj R. Jureczko H. Wasilewska D. Kaczmarek J. Chudy E. Dobrzyńska L. Kaczor C. Pleśniarski J. Piaseczyński J. Pressler D. Zmarzła L. Sołtysiak F. Studziński W. Kujawa S. Kleczyk Z. Napierała D. Cychowska M. Wójcik Z. Wojnarski J. Patrzałek T. Walkowicz A. Walkowicz J. Walkowicz M. Wilkiewicz W. Błaż Z. Nowak K. Ziomek E. Luba A. Słomka Name of Representative D. Sucholewski CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX App. No. Case Name 787. 788. 789. 790. 791. 792. 793. 794. 795. 796. 797. 798. 799. 800. 801. 802. 803. 804. 805. 806. 807. 808. 809. 37889/11 37902/11 37943/11 38614/11 38632/11 38674/11 38676/11 38680/11 38684/11 38700/11 38705/11 38761/11 38772/11 38829/11 38847/11 38853/11 38892/11 38953/11 39014/11 39021/11 39026/11 39030/11 39041/11 810. 39313/11 811. 812. 813. 814. 815. 816. 817. 818. 819. 820. 821. 822. 39506/11 40010/11 40074/11 40118/11 40123/11 40297/11 40309/11 40793/11 40797/11 40798/11 40820/11 40901/11 823. 824. 825. 826. 827. 828. 829. 830. 831. 40904/11 41001/11 41005/11 41071/11 41078/11 41084/11 41184/11 41264/11 41278/11 MAREK v. Poland MASZKOWSKI v. Poland SAPETA v. Poland BROMBOSZCZ v. Poland CIEPAK v. Poland WRÓBLEWSKA v. Poland JĘDRASZKO v. Poland REDUCH v. Poland KOROLEWICZ v. Poland KASPRZYK v. Poland CHUDA v. Poland GRUSZKA v. Poland KUREK v. Poland BIAŁOSIEWICZ v. Poland DOBROWOLSKI v. Poland SZWAJKA v. Poland GIEROWSKA v. Poland PABISIAK v. Poland FELIGA v. Poland TOCZEWSKI v. Poland PALUSZKIEWICZ v. Poland BŁACHUT v. Poland TERLECKA-SEMKOWICZ v. Poland JAKOWSKA-RĄCZKOWSKA v. Poland ZIELIŃSKI v. Poland DURSKI v. Poland MICHNO-ZAŁOGA v. Poland WRONA v. Poland WÓJCIK v. Poland CHYLEŃSKI v. Poland JERZYKOWSKA v. Poland ŚCISŁEK v. Poland SKOBIEJ v. Poland SALAMON-PIÓRKO v. Poland KRWAWNIKOWSKI v. Poland BACZEWSKA-JARMOLIŃSKA v. Poland DYMARSKI v. Poland LESZCZEWSKA v. Poland SOLECKA v. Poland ARTEMSKI v. Poland BORAL v. Poland SULIMA v. Poland PIĄTKOWSKI v. Poland WINIARSKI v. Poland CZARNECKA v. Poland Date of lodging 06/06/2011 10/06/2011 11/06/2011 17/06/2011 09/06/2011 14/06/2011 20/06/2011 16/06/2011 20/06/2011 18/06/2011 16/06/2011 31/05/2011 31/05/2011 17/06/2011 06/06/2011 09/06/2011 01/06/2011 21/06/2011 07/06/2011 13/06/2011 20/06/2011 04/06/2011 08/06/2011 21/06/2011 14/06/2011 21/06/2011 24/06/2011 15/06/2011 09/06/2011 20/06/2011 27/06/2011 21/06/2011 27/06/2011 20/06/2011 20/06/2011 21/06/2011 20/06/2011 27/06/2011 24/06/2011 28/06/2011 21/06/2011 27/06/2011 18/06/2011 27/06/2011 27/06/2011 Introduced by A. Marek S. Maszkowski E. Sapeta M. Bromboszcz A. Ciepak D. Wróblewska J. Jędraszko S. Reduch D. Korolewicz S. Kasprzyk J. Chuda T. Gruszka J. Kurek H. Białosiewicz M. Dobrowolski J. Szwajka B. Gierowska T. Pabisiak J. Feliga H. Toczewski B. Paluszkiewicz C. Błachut L. TerleckaSemkowicz A. JakowskaRączkowska J. Zieliński M. Durski H. Michno-Załoga J. Wrona T. Wójcik J. Chyleński I. Jerzykowska B. Ścisłek K. Skobiej B. Salamon-Piórko Z. Krwawnikowski G. BaczewskaJarmolińska K. Dymarski R. Leszczewska E. Solecka J. Artemski M. Boral M. Sulima K. Piątkowski R. Winiarski Ł. Czarnecka 77 Name of Representative CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 78 App. No. Case Name 832. 833. 834. 835. 836. 837. 838. 839. 840. 841. 842. 843. 844. 845. 846. 847. 848. 849. 850. 851. 852. 853. 854. 855. 41375/11 41380/11 41433/11 41446/11 41797/11 41886/11 41898/11 41902/11 41904/11 42066/11 42111/11 42124/11 42140/11 42163/11 42190/11 42193/11 42197/11 42201/11 42205/11 42223/11 42307/11 42346/11 42377/11 42437/11 856. 857. 858. 859. 860. 861. 862. 863. 864. 42439/11 42504/11 42584/11 42593/11 42603/11 42616/11 42627/11 42635/11 42640/11 MROCZEK v. Poland CZARNECKI v. Poland POPIEL v. Poland ROZŁONKOWSKI v. Poland MATUKIN v. Poland KRZYSZTAŁ v. Poland SERAFIŃCZYK v. Poland SAWICKI v. Poland WEJGT v. Poland ROSIŃSKI v. Poland RYCHLEWSKI v. Poland PAJOR v. Poland KOSIŃSKI v. Poland LESIEWICZ v. Poland KALINOWSKI v. Poland KOGUTKIEWICZ v. Poland KAPITUŁA-WRONA v. Poland KALISZ v. Poland KOWALCZYK v. Poland KOBUS v. Poland SALA v. Poland JANICKI v. Poland SKRABA v. Poland SZYMCZYK-MACIEJEWSKA v. Poland STEFAŃSKI v. Poland SZNERCH v. Poland DUBINIECKI v. Poland DUDA v. Poland GÓRSKA v. Poland DULSKI v. Poland URBANIAK v. Poland GIERUSZKA v. Poland DORMAN and Others v. Poland 865. 866. 867. 868. 869. 42641/11 42647/11 42661/11 42690/11 42776/11 GORYSZEWSKI v. Poland GREJNER v. Poland ZAREK v. Poland ZAGUBIEŃ v. Poland WIŚNIEWSKA v. Poland Date of lodging 30/06/2011 27/06/2011 28/06/2011 01/07/2011 24/06/2011 30/06/2011 30/06/2011 28/06/2011 30/06/2011 04/07/2011 24/06/2011 24/06/2011 30/06/2011 28/06/2011 28/06/2011 21/06/2011 15/06/2011 24/06/2011 24/06/2011 27/06/2011 24/06/2011 29/06/2011 04/07/2011 05/07/2011 07/07/2011 29/06/2011 06/07/2011 29/06/2011 28/06/2011 30/06/2011 04/07/2011 30/06/2011 05/07/2011 21/06/2011 30/06/2011 30/06/2011 23/06/2011 24/06/2011 Introduced by W. Mroczek A. Czarnecki C. Popiel J. Rozłonkowski J. Matukin M. Krzyształ J. Serafińczyk A. Sawicki J. Wejgt T. Rosiński J. Rychlewski M. Pajor A. Kosiński D. Lesiewicz R. Kalinowski J. Kogutkiewicz Z. Kapituła-Wrona A. Kalisz J. Kowalczyk B. Kobus J. Sala H. Janicki M. Skraba B. SzymczykMaciejewska K. Stefański L. Sznerch L. Dubiniecki S. Duda H. Górska M. Dulski I. Urbaniak Z. Gieruszka E. Dorman D. Duda H. Dudkiewicz E. Ogidel E. Rudnicka Sipajlo K. Szewczyk H. Taciak R. Tomasik S. Wierzchowska I. Wróblewska R. Goryszewski M. Grejner J. Zarek K. Zagubień M. Wiśniewska Name of Representative D. Sucholewski CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX App. No. Case Name 870. 871. 872. 873. 874. 875. 876. 877. 878. 879. 880. 881. 882. 883. 884. 885. 886. 887. 888. 889. 890. 891. 892. 893. 894. 895. 896. 897. 42797/11 42807/11 42845/11 42846/11 42950/11 43051/11 43105/11 43194/11 43283/11 43391/11 43577/11 43617/11 43770/11 43791/11 44045/11 44048/11 44053/11 44251/11 44434/11 44650/11 44809/11 45098/11 45463/11 45853/11 45860/11 45877/11 45977/11 46255/11 898. 899. 900. 901. 902. 903. 904. 905. 906. 907. 908. 909. 910. 911. 912. 913. 914. 915. 916. 46321/11 46546/11 46818/11 46825/11 47077/11 47439/11 47770/11 47805/11 47878/11 47886/11 47898/11 47947/11 47967/11 48024/11 48061/11 48769/11 49339/11 49347/11 49359/11 MUSIAŁOWICZ v. Poland CHWIEJCZAK v. Poland LASEK v. Poland WESOŁOWSKI v. Poland DOMAŃSKI v. Poland SOBIERSKA v. Poland ZIMOLĄG v. Poland KRIEGER v. Poland RYDLEWSKI v. Poland SROKA v. Poland OSTROWSKI v. Poland CIEMPKA v. Poland BĄCZKIEWICZ v. Poland BARANOWSKI v. Poland KOŁACZYK v. Poland KAJRYS v. Poland KAPITUŁA v. Poland GASEK v. Poland CHOJNOWSKI v. Poland CZAJKOWSKI v. Poland JAWORSKI v. Poland GIERUS v. Poland TROJNAR v. Poland GÓRECKA v. Poland GOLICZ v. Poland NEUMAN v. Poland CHMIELOWIEC v. Poland RODAK VEL WODECKI v. Poland PIECEWICZ v. Poland PRUS v. Poland PASZKIEWICZ v. Poland MICHALCZUK v. Poland CHWESIUK v. Poland URBAŃCZYK v. Poland JANUSZ v. Poland SOBCZYK v. Poland BARCHAN v. Poland BŁASZCZYK v. Poland LEWIŃSKI v. Poland PIOTROWSKI v. Poland DUDEK v. Poland SZUSTER v. Poland TRAWCZYŃSKI v. Poland ŁAWNICZAK v. Poland CHUDZIK v. Poland MATYNIA v. Poland GLABUS v. Poland Date of lodging 07/07/2011 21/06/2011 28/06/2011 27/06/2011 08/07/2011 04/07/2011 11/07/2011 05/07/2011 11/07/2011 12/07/2011 30/06/2011 11/07/2011 29/06/2011 05/07/2011 04/07/2011 04/07/2011 11/07/2011 15/07/2011 12/07/2011 15/07/2011 24/06/2011 18/07/2011 18/07/2011 19/07/2011 18/07/2011 21/07/2011 21/07/2011 21/07/2011 18/07/2011 21/07/2011 20/07/2011 13/07/2011 20/07/2011 25/07/2011 19/07/2011 25/07/2011 27/07/2011 23/07/2011 26/07/2011 22/07/2011 20/07/2011 25/07/2011 20/07/2011 25/07/2011 01/08/2011 22/07/2011 28/07/2011 Introduced by I. Musiałowicz P. Chwiejczak Z. Lasek Z. Wesołowski W. Domański E. Sobierska J. Zimoląg J. Krieger R. Rydlewski E. Sroka W. Ostrowski K. Ciempka R. Bączkiewicz Z. Baranowski K. Kołaczyk J. Kajrys A. Kapituła Z. Gasek B. Chojnowski H. Czajkowski J. Jaworski K. Gierus W. Trojnar B. Górecka T. Golicz M. Neuman M. Chmielowiec W. Rodak Vel Wodecki P. Piecewicz R. Prus B. Paszkiewicz M. Michalczuk B. Chwesiuk S. Urbańczyk M. Janusz A. Sobczyk A. Barchan J. Błaszczyk S. Lewiński W. Piotrowski R. Dudek K. Szuster W. Trawczyński S. Ławniczak M. Chudzik L. Matynia A. Glabus 79 Name of Representative D. Sucholewski CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 80 App. No. Case Name 917. 918. 919. 920. 921. 922. 923. 924. 925. 926. 927. 928. 929. 930. 931. 932. 933. 934. 935. 936. 937. 938. 939. 940. 941. 942. 943. 944. 945. 946. 947. 948. 949. 950. 49528/11 49897/11 49904/11 50001/11 50157/11 50165/11 50698/11 50746/11 50999/11 51009/11 51018/11 51491/11 51620/11 51657/11 51658/11 51674/11 51684/11 51685/11 51693/11 51697/11 51700/11 51720/11 51729/11 51804/11 52152/11 52174/11 52584/11 53017/11 53020/11 53367/11 53488/11 53499/11 54091/11 54146/11 951. 952. 953. 954. 955. 956. 957. 958. 959. 960. 961. 962. 963. 54152/11 54324/11 54332/11 54756/11 54759/11 54815/11 55053/11 55067/11 55072/11 55138/11 55517/11 55544/11 55595/11 KOSECKI v. Poland JAŃCZYK v. Poland JANECZEK v. Poland DEBUDAJ v. Poland CHMIELOWSKI v. Poland BRALSKI v. Poland ŁASOCHA v. Poland SITEK v. Poland NIŻNIK v. Poland MIKOŁAJEW v. Poland MUSIAŁOWICZ v. Poland MARCINIAK v. Poland GRABOWSKA v. Poland PRONIEWICZ v. Poland DOBROTOWSKI v. Poland OLESZCZUK v. Poland OLESZCZUK v. Poland KALINIEWSKA v. Poland OKULSKA v. Poland GRELA v. Poland WRÓBEL v. Poland WĘGIEREK v. Poland WOSZCZYNA v. Poland SIERPIŃSKI v. Poland STEMPLEWSKI v. Poland BOROWSKA v. Poland KUTA v. Poland MAŁECKI v. Poland MACH v. Poland GOLA v. Poland ZWIECH v. Poland ZWIECH v. Poland DRABOWICZ v. Poland WODZICKA-KAROLAK v. Poland IMIOŁEK v. Poland ŻMIJEWSKI v. Poland BUDKA v. Poland UNGERT v. Poland GUT v. Poland LESIAK v. Poland RYCHLIK v. Poland PUZDER v. Poland RYCHLIK v. Poland DOBROTOWSKI v. Poland WOJTYŚ v. Poland HĄCIA v. Poland MILCZARSKI v. Poland Date of lodging 02/08/2011 01/08/2011 26/07/2011 27/07/2011 28/07/2011 05/08/2011 02/08/2011 08/08/2011 08/08/2011 08/08/2011 09/08/2011 05/08/2011 11/08/2011 09/08/2011 08/08/2011 09/08/2011 09/08/2011 27/07/2011 11/08/2011 11/08/2011 10/08/2011 10/08/2011 05/08/2011 11/08/2011 28/07/2011 04/08/2011 09/08/2011 11/08/2011 18/08/2011 16/08/2011 08/08/2011 04/08/2011 22/08/2011 16/08/2011 11/08/2011 16/08/2011 16/08/2011 26/08/2011 19/08/2011 16/08/2011 17/08/2011 23/08/2011 17/08/2011 22/08/2011 23/08/2011 23/08/2011 29/08/2011 Introduced by S. Kosecki M. Jańczyk W. Janeczek G. Debudaj P. Chmielowski Z. Bralski S. Łasocha I. Sitek J. Niżnik A. Mikołajew R. Musiałowicz L. Marciniak E. Grabowska J. Proniewicz J. Dobrotowski S. Oleszczuk M. Oleszczuk W. Kaliniewska H. Okulska H. Grela S. Wróbel Z. Węgierek C. Woszczyna Z. Sierpiński J. Stemplewski G. Borowska T. Kuta K. Małecki H. Mach S. Gola T. Zwiech J. Zwiech A. Drabowicz K. Wodzicka-Karolak H. Imiołek M. Żmijewski L. Budka M. Ungert B. Gut J. Lesiak G. Rychlik H. Puzder M. Rychlik J. Dobrotowski E. Wojtyś Z. Hącia M. Milczarski Name of Representative D. Sucholewski CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 964. 965. 966. 56015/11 SOBIESIAK v. Poland 56054/11 FRYZIAK v. Poland 56280/11 MUSIAŁ and Others v. Poland Date of lodging 27/08/2011 22/08/2011 31/08/2011 967. 968. 969. 970. 971. 972. 973. 974. 975. 976. 977. 978. 979. 980. 981. 56344/11 56903/11 56980/11 57288/11 57578/11 57692/11 57790/11 58165/11 58207/11 58349/11 58362/11 58412/11 58550/11 58563/11 58696/11 KARKOCHA v. Poland CHLEBOWSKI v. Poland MROZIŃSKI v. Poland MALUCH v. Poland KOŁACZ v. Poland MALSKI v. Poland JANICKI v. Poland GAWLIK v. Poland CZAJKA v. Poland CIEŚLAK v. Poland CHROBOT v. Poland DUNAJEWSKI v. Poland BIENIASZ v. Poland BOLON v. Poland POLNIAK and Others v. Poland 19/08/2011 25/08/2011 30/08/2011 06/09/2011 07/09/2011 08/09/2011 09/09/2011 24/08/2011 02/09/2011 08/09/2011 06/09/2011 08/09/2011 08/09/2011 09/09/2011 03/09/2011 982. 983. 984. 985. 986. 987. 988. 989. 990. 991. 992. 58799/11 58910/11 58933/11 58993/11 59522/11 59720/11 59778/11 60267/11 60403/11 60531/11 60552/11 NASTALEK v. Poland ZGÓDKA v. Poland POŁOSAK v. Poland ŻACZEK v. Poland MIERZEJSKI v. Poland BŁONAROWICZ v. Poland WOJCIECHOWSKI v. Poland ŻAKOWSKI v. Poland KOZAK v. Poland ŁAPIŃSKA v. Poland PRYT v. Poland 12/09/2011 12/09/2011 30/08/2011 05/09/2011 02/09/2011 20/09/2011 09/09/2011 19/09/2011 22/09/2011 21/09/2011 23/09/2011 App. No. Case Name Introduced by J. Sobiesiak E. Fryziak J. Baniak Z. Bieniek R. Denkowski M. Markiewicz W. Mrówka S. Musiał P. Nawrot S. Orliński H. Rabikowska A. Zalewski L. Karkocha A. Chlebowski J. Mroziński J. Maluch D. Kołacz M. Malski M. Janicki Z. Gawlik A. Czajka H. Cieślak J. Chrobot Z. Dunajewski W. Bieniasz J. Bolon A. Polniak A. Bartkiewicz J. Borowiecki L. Dąbrowska A. Kluczyński T. Mierzejewski W. Rylski R. Sołyga A. Stakuć M. Styczyński W. Zborowski W. Nastałek J. Zgódka E. Połosak E. Żaczek J. Mierzejski S. Błonarowicz W. Wojciechowski L. Żakowski R. Kozak W. Łapińska J. Pryt 81 Name of Representative D. Sucholewski B. Świątkiewicz D. Sucholewski B. Świątkiewicz CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 82 App. No. Case Name 993. 994. 995. 996. 997. 998. 999. 1000. 1001. 1002. 1003. 1004. 1005. 60607/11 60614/11 61811/11 61993/11 62003/11 62006/11 62022/11 62052/11 62086/11 62146/11 62237/11 62241/11 62832/11 BARANOWSKI v. Poland BYSZEK v. Poland NALEWAJ v. Poland MACEWICZ v. Poland MACEWICZ v. Poland WASIAK v. Poland KOBYLARZ v. Poland TUCHOLSKI v. Poland MAKOWSKI v. Poland TABOREK v. Poland TRZMIELEWSKI v. Poland TUROTSZY v. Poland TURCZYNOWSCY v. Poland Date of lodging 22/09/2011 12/09/2011 26/09/2011 27/09/2011 27/09/2011 22/09/2011 27/09/2011 20/09/2011 26/09/2011 27/09/2011 28/09/2011 28/09/2011 12/09/2011 1006. 1007. 1008. 1009. 1010. 1011. 1012. 1013. 1014. 1015. 1016. 1017. 1018. 1019. 1020. 1021. 1022. 1023. 1024. 1025. 1026. 1027. 1028. 1029. 1030. 1031. 1032. 62900/11 62990/11 63071/11 63077/11 63081/11 63259/11 63371/11 63407/11 63758/11 63814/11 63815/11 64022/11 64026/11 64042/11 64563/11 64572/11 64934/11 65049/11 65121/11 65376/11 65479/11 65901/11 66615/11 66817/11 66887/11 67258/11 67859/11 SOLAN v. Poland GÓRSKI v. Poland MAZEWSKI v. Poland MARCHWICKI v. Poland MARKOWSKI v. Poland LEWANDOWSKA v. Poland KACZOROWSKA v. Poland BOROWIK v. Poland WĘGIELSKI v. Poland WOLNIEWICZ v. Poland WOLNIEWICZ v. Poland GĄSIOROWSKI v. Poland MIZGAŁA v. Poland MIRCZYŃSKI v. Poland PYKACZ v. Poland PANEK v. Poland BODNAR v. Poland MADANY v. Poland CICHY v. Poland SACEWICZ v. Poland KUŁAGA v. Poland KATOLIK v. Poland OLSZÓWKA v. Poland KOWALSKI v. Poland BAZANT v. Poland BIELICKI v. Poland HANDEL v. Poland 06/10/2011 29/09/2011 05/10/2011 05/10/2011 04/10/2011 12/09/2011 06/10/2011 02/10/2011 06/10/2011 29/09/2011 29/09/2011 07/10/2011 08/10/2011 10/10/2011 03/10/2011 11/10/2011 05/10/2011 07/10/2011 12/10/2011 14/10/2011 13/10/2011 12/10/2011 17/10/2011 20/10/2011 20/10/2011 22/10/2011 19/10/2011 Introduced by R. Baranowski A. Byszek S. Nalewaj J. Macewicz B. Macewicz W. Wasiak R. Kobylarz Z. Tucholski G. Makowski T. Taborek H. Trzmielewski A. Turotszy M. Turczynowska J. Turczynowski J. Solan J. Górski L. Mazewski H. Marchwicki H. Markowski H. Lewandowska K. Kaczorowska P. Borowik Z. Węgielski M. Wolniewicz M. Wolniewicz J. Gąsiorowski M. Mizgała K. Mirczyński Z. Pykacz B. Panek Z. Bodnar M. Madany Z. Cichy B. Sacewicz Z. Kułaga T. Katolik R. Olszówka H. Kowalski R. Bazant J. Bielicki A. Handel Name of Representative M. Gąsiorowska D. Sucholewski M. Gąsiorowska B. Świątkiewicz CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX App. No. Case Name 1033. 67979/11 SAMOREK and Others v. Poland 1034. 1035. 1036. 1037. 1038. 1039. 1040. 1041. 1042. 1043. 1044. 1045. 1046. 1047. 1048. 1049. 1050. 1051. 1052. 1053. 1054. 1055. 1056. 1057. 1058. 1059. 1060. 1061. 1062. 1063. 1064. 1065. 1066. 1067. 1068. 1069. 68163/11 68172/11 68839/11 68841/11 69006/11 69032/11 69197/11 69238/11 69361/11 69384/11 69389/11 69505/11 69747/11 70061/11 70109/11 70399/11 70785/11 71498/11 71753/11 72413/11 72465/11 72530/11 72590/11 72608/11 72618/11 72678/11 72715/11 72755/11 72790/11 72796/11 72817/11 72819/11 72913/11 73115/11 73582/11 73638/11 PAWLUS v. Poland PIETRZAK v. Poland JĘDRZEJAK v. Poland DĘBSKA v. Poland OLEJNICZAK v. Poland OZIĘBŁO v. Poland ŚLIWA v. Poland BIELICKI v. Poland KUBIK v. Poland GIEDREWICZ v. Poland DMITRUK v. Poland MICHALIK v. Poland MIERZWA v. Poland LEŻAŃSKA-FRYŁOW v. Poland BUCHALSKI v. Poland MURAWSKI v. Poland HARASIMIUK v. Poland MIELNICZUK v. Poland POLKOWSKI v. Poland WOLIŃSKI v. Poland BUGAŁA v. Poland BOGUSZ v. Poland BANASIK v. Poland DOMAGAŁA v. Poland ADAMCZYK v. Poland SAWICKI v. Poland SIERANT v. Poland SIERANT v. Poland SĘKOWSKI v. Poland ŚMIAŁKOWSKI v. Poland PIETROW v. Poland PIÓRKOWSKI v. Poland OSÓBKA v. Poland WŁODARSKI v. Poland KOBUSIŃSKA v. Poland BOGUSŁAWSKI v. Poland Date of Introduced by lodging 24/10/2011 T. Baranowski J. Cyranka T. Gałęzowski S. Giza S. Iwaniak M. Matwiejczuk R. Pakuła L. Samorek L. Terlecki W. Wójtowicz E. Wrótniak M. Żerebiec 18/10/2011 J. Pawlus 19/10/2011 J. Pietrzak 28/10/2011 K. Jędrzejak 17/10/2011 M. Dębska 27/10/2011 K. Olejniczak 27/10/2011 K. Oziębło 24/10/2011 W. Śliwa 02/11/2011 J. Bielicki 23/10/2011 D. Kubik 25/10/2011 J. Giedrewicz 02/11/2011 F. Dmitruk 21/10/2011 Z. Michalik 04/11/2011 J. Mierzwa 02/11/2011 L. Leżańska-Fryłow 08/11/2011 J. Buchalski 07/11/2011 J. Murawski 28/10/2011 J. Harasimiuk 14/11/2011 E. Mielniczuk 11/11/2011 A. Polkowski 16/11/2011 Z. Woliński 10/11/2011 R. Bugała 12/11/2011 A. Bogusz 17/11/2011 S. Banasik 16/11/2011 M. Domagała 16/11/2011 S. Adamczyk 16/11/2011 A. Sawicki 15/11/2011 L. Sierant 15/11/2011 G. Sierant 15/11/2011 K. Sękowski 15/11/2011 Z. Śmiałkowski 16/11/2011 J. Pietrow 16/11/2011 W. Piórkowski 17/11/2011 L. Osóbka 28/10/2011 J. Włodarski 14/11/2011 A. Kobusińska 21/11/2011 H. Bogusławski 83 Name of Representative D. Sucholewski M. Gąsiorowska D. Sucholewski CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 84 App. No. Case Name 1070. 74216/11 GŁADKI and Others v. Poland 1071. 1072. 1073. 1074. 1075. 1076. 1077. 1078. 1079. 1080. 1081. 1082. 1083. 1084. 1085. 1086. 1087. 1088. 1089. 1090. 1091. 1092. 1093. 1094. 1095. 1096. 1097. 1098. 1099. 1100. 1101. 1102. 1103. 1104. 1105. 1106. 74379/11 74423/11 74679/11 74705/11 74735/11 74749/11 74985/11 75122/11 75263/11 75330/11 75545/11 75653/11 75772/11 75821/11 75840/11 75850/11 75853/11 76121/11 76125/11 76246/11 76263/11 76270/11 76316/11 76429/11 76796/11 76817/11 76818/11 76823/11 76878/11 76964/11 77021/11 77169/11 77933/11 77971/11 78240/11 78250/11 TAŃSKA v. Poland KOZŁOWSKA v. Poland OSIŃSKA v. Poland MIKOŁAJCZYK v. Poland STOCHNIAŁ v. Poland KASPRZAK v. Poland MIERZOWIEC v. Poland KUBŚ v. Poland BIAŁY v. Poland WEKSEJ v. Poland KUREK v. Poland WIERTELAK v. Poland PILITOWSKI v. Poland GARLICKI v. Poland ADAMOWSKI v. Poland SZYMKIEWICZ v. Poland GRONOWICZ v. Poland NIEKRASZ v. Poland TATARCZUK v. Poland BURDA v. Poland BICKI v. Poland KAMIŃSKA v. Poland BIAŁA v. Poland WOLIŃSKI v. Poland LEŚNIEWSKA v. Poland ŁUKOWSKI v. Poland RUTKOWSKI v. Poland PRZYGODA v. Poland MAJEWSKI v. Poland MAŚLISZ v. Poland WOŁYNEK v. Poland ZIÓŁKOWSKI v. Poland ZABIELSKI v. Poland SIMIONKOWSKI v. Poland DAROSZEWSKI v. Poland DAROSZEWSKA v. Poland Date of Introduced by lodging 25/11/2011 L. Bąbel W. Fijałkowski S. Gładki A. Murzynowski A. Olszowy G. Skorek-Urywkow W. Szczepanik Z. Waldon G. WilińskaKopańska G. Zalewska 24/11/2011 B. Tańska 24/11/2011 G. Kozłowska 28/11/2011 H. Osińska 25/11/2011 L. Mikołajczyk 24/11/2011 B. Stochniał 28/11/2011 D. Kasprzak 28/11/2011 A. Mierzowiec 29/11/2011 A. Kubś 26/11/2011 Z. Biały 02/12/2011 M. Weksej 01/12/2011 J. Kurek 28/11/2011 S. Wiertelak 01/12/2011 A. Pilitowski 28/11/2011 K. Garlicki 01/12/2011 J. Adamowski 05/12/2011 E. Szymkiewicz 30/11/2011 L. Gronowicz 26/11/2011 M. Niekrasz 28/11/2011 P. Tatarczuk 12/12/2011 S. Burda 25/11/2011 E. Bicki 05/12/2011 K. Kamińska 25/11/2011 B. Biała 29/11/2011 R. Woliński 05/12/2011 K. Leśniewska 07/12/2011 J. Łukowski 08/12/2011 J. Rutkowski 07/12/2011 W. Przygoda 09/12/2011 C. Majewski 08/12/2011 J. Maślisz 09/12/2011 W. Wołynek 06/12/2011 J. Ziółkowski 12/12/2011 J. Zabielski 08/12/2011 K. Simionkowski 14/12/2011 Z. Daroszewski 14/12/2011 W. Daroszewska Name of Representative D. Sucholewski D. Sucholewski D. Sucholewski D. Sucholewski CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 1107. 1108. 1109. 1110. 1111. 1112. 1113. 1114. 1115. 1116. 1117. 1118. 1119. 1120. 1121. 1122. 1123. 1124. 1125. 1126. 1127. 1128. 1129. 1130. 1131. 1132. 1133. 1134. 1135. 1136. 1137. 1138. 1139. 1140. 1141. 1142. 1143. 1144. 1145. 1146. 1147. 1148. 1149. 1150. 1151. 1152. 1153. 1154. App. No. Case Name 78413/11 78454/11 78545/11 78562/11 78567/11 271/12 474/12 605/12 831/12 834/12 844/12 858/12 947/12 953/12 981/12 982/12 985/12 989/12 1230/12 1588/12 1631/12 1768/12 1824/12 2197/12 2298/12 2647/12 2729/12 2821/12 2826/12 2847/12 3679/12 4086/12 4254/12 4717/12 4788/12 5121/12 5295/12 5321/12 5348/12 5567/12 5572/12 5695/12 5838/12 6043/12 6436/12 6442/12 6756/12 6903/12 ROSOŁEK v. Poland KAMIŃSKI v. Poland CZEKAJ v. Poland CIELESZYŃSKA v. Poland CIELESZYŃSKI v. Poland PIETRYK v. Poland JĘDRAL v. Poland PIECHOWIAK v. Poland GOMOŁA v. Poland DMITROCA v. Poland KANTEK v. Poland SZERNER v. Poland DĄBKOWSKI v. Poland GREGORCZYK v. Poland MAKOWSKI v. Poland NOGALA v. Poland KWIATKOWSKI v. Poland ZAWADA v. Poland TRZECIAK v. Poland KOSKO v. Poland SOBOLEWSKI v. Poland RYGLICKI v. Poland MITEK v. Poland OLSZEWSKI v. Poland MILKO v. Poland WASZCZENIUK v. Poland ZAWADA v. Poland GRODZKI v. Poland GAWEŁ v. Poland GRZELAK v. Poland KRZYWICKA v. Poland SOBOLEWSKI v. Poland TOPOLSKI v. Poland WARZECHA v. Poland NOWAKOWSKI v. Poland TUCHOWSKI v. Poland HUNDZ v. Poland ZABAWSKI v. Poland NAWOLSKI v. Poland KAŹMIERCZAK v. Poland KOWALSKI v. Poland POSIEJ v. Poland BIAŁEK v. Poland NOWAK v. Poland MORGUNOV v. Poland MASEWICZ v. Poland CUPRYŚ v. Poland ŚLIFIERZ v. Poland Date of lodging 06/12/2011 12/12/2011 14/12/2011 14/12/2011 14/12/2011 12/12/2011 15/12/2011 12/12/2011 29/12/2011 08/12/2011 03/11/2011 15/12/2011 19/12/2011 13/12/2011 22/12/2011 03/12/2011 27/12/2011 21/12/2011 22/12/2011 29/12/2011 22/12/2011 02/01/2012 31/12/2011 03/01/2012 04/01/2012 29/12/2011 22/12/2011 27/12/2011 22/12/2011 03/01/2012 10/01/2012 02/01/2012 13/01/2012 09/01/2012 03/01/2012 16/01/2012 18/01/2012 12/01/2012 15/01/2012 13/01/2012 20/01/2012 19/01/2012 17/01/2012 19/01/2012 23/01/2012 24/01/2012 20/01/2012 19/01/2012 Introduced by E. Rosołek Z. Kamiński J. Czekaj U. Cieleszyńska R. Cieleszyński T. Pietryk B. Jędral C. Piechowiak A. Gomoła E. Dmitroca E. Kantek Z. Szerner A. Dąbkowski L. Gregorczyk M. Makowski B. Nogala B. Kwiatkowski F. Zawada T. Trzeciak G. Kosko J. Sobolewski Z. Ryglicki S. Mitek B. Olszewski P. Milko M. Waszczeniuk J. Zawada E. Grodzki M. Gaweł E. Grzelak J. Krzywicka E. Sobolewski Z. Topolski R. Warzecha A. Nowakowski E. Tuchowski W. Hundz W. Zabawski A. Nawolski M. Kaźmierczak M. Kowalski G. Posiej D. Białek K. Nowak J. Morgunov D. Masewicz W. Cupryś M. Ślifierz 85 Name of Representative D. Sucholewski M. Gąsiorowska D. Sucholewski D. Sucholewski D. Sucholewski CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 86 App. No. 1155. 7497/12 1156. 7652/12 1157. 7713/12 Case Name 1158. 1159. 1160. 1161. 1162. 1163. 1164. 1165. 1166. 1167. 1168. 1169. 1170. 1171. 1172. 1173. 1174. 1175. 1176. 1177. 1178. 1179. 1180. 1181. 1182. 1183. 7765/12 7870/12 8203/12 8474/12 8646/12 8677/12 8724/12 8801/12 8875/12 8877/12 9208/12 9400/12 9663/12 9948/12 9958/12 10608/12 10623/12 10747/12 10937/12 10942/12 11004/12 11301/12 11307/12 11371/12 11383/12 11956/12 BĄCZKOWSKI v. Poland TOCZEK v. Poland POSZEPCZYŃSKA-PAWLAK v. Poland MATUSZEWSKI v. Poland SZYJA v. Poland MAŁEK v. Poland GADZAŁA v. Poland CZAPKO v. Poland BAMBUROWICZ v. Poland TREPKA v. Poland BARCZYK v. Poland REMBOWSKI v. Poland REMBOWSKA v. Poland GAIK v. Poland GÓRECKI v. Poland WALCZAK v. Poland SZUBELAK v. Poland SZYKOWNY v. Poland ZABŁOCKI v. Poland URBAŃSKI v. Poland EGER v. Poland ŚWIERKOT v. Poland SZUCKI v. Poland KAMIENIAK v. Poland KOZŁOWSKI v. Poland KRUSZEWSKI v. Poland MATCZAK v. Poland SAJDAK v. Poland JANKOWSKA v. Poland 1184. 1185. 1186. 1187. 1188. 1189. 1190. 1191. 12106/12 12137/12 12188/12 12236/12 12238/12 12243/12 12326/12 13006/12 1192. 1193. 1194. 1195. 1196. 1197. 1198. 1199. 13184/12 13438/12 13866/12 14004/12 14026/12 14305/12 14694/12 14944/12 Date of lodging 26/01/2012 24/01/2012 31/01/2012 Introduced by 31/01/2012 27/01/2012 02/02/2012 25/01/2012 06/02/2012 02/02/2012 06/02/2012 26/01/2012 25/01/2012 25/01/2012 07/02/2012 01/02/2012 30/01/2012 08/02/2012 03/02/2012 08/02/2012 08/02/2012 14/02/2012 13/02/2012 14/02/2012 08/02/2012 13/02/2012 17/02/2012 07/02/2012 13/02/2012 15/02/2012 S. Bączkowski M. Toczek K. PoszepczyńskaPawlak F. Matuszewski K. Szyja M. Małek J. Gadzała J. Czapko M. Bamburowicz A. Trepka F. Barczyk M. Rembowski E. Rembowska R. Gaik B. Górecki A. Walczak K. Szubelak H. Szykowny J. Zabłocki A. Urbański A. Eger Z. Świerkot T. Szucki S. Kamieniak J. Kozłowski E. Kruszewski E. Matczak G. Sajdak U. Jankowska MAZUREK v. Poland ZDUNEK v. Poland KOTNIS v. Poland RADOSZ v. Poland RAK v. Poland RECŁAW v. Poland GASIK v. Poland LANGE v. Poland 22/02/2012 23/02/2012 20/02/2012 15/02/2012 17/02/2012 02/02/2012 21/02/2012 15/02/2012 J. Mazurek D. Zdunek S. Kotnis R. Radosz M. Rak J. Recław A. Gasik P. Lange RYFA v. Poland WOŹNICKI v. Poland HERMAN v. Poland SOKOŁOWSKA v. Poland AMBROŻY v. Poland KOSIAK v. Poland JUSZCZAK v. Poland BALCEROWIAK v. Poland 24/02/2012 25/02/2012 27/02/2012 01/03/2012 02/03/2012 05/03/2012 08/03/2012 07/03/2012 K. Ryfa S. Woźnicki S. Herman G. Sokołowska U. Ambroży M. Kosiak M. Juszczak D. Balcerowiak Name of Representative D. Sucholewski A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz D. Sucholewski CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 1200. 1201. 1202. 1203. 1204. 1205. 1206. 1207. 1208. 1209. App. No. Case Name 15119/12 15145/12 15204/12 15258/12 15390/12 15817/12 16133/12 16563/12 16937/12 17053/12 GALANT v. Poland TARASZKIEWICZ v. Poland NAKONIECZNY v. Poland WÓJTOWICZ v. Poland MICHALIK v. Poland KOSACKI v. Poland KUDRA v. Poland HAJWOS v. Poland CHOJNACKI v. Poland STARZYŃSKA v. Poland Date of lodging 08/03/2012 09/03/2012 06/03/2012 28/02/2012 29/02/2012 08/03/2012 27/02/2012 14/03/2012 04/03/2012 12/03/2012 Introduced by K. Galant J. Taraszkiewicz R. Nakonieczny H. Wójtowicz S. Michalik J. Kosacki W. Kudra P. Hajwos M. Chojnacki W. Starzyńska 1210. 17086/12 FILA v. Poland 12/03/2012 T. Fila 1211. 1212. 1213. 1214. 1215. 1216. 1217. 1218. 1219. 1220. 1221. 1222. 1223. 1224. 1225. 1226. 12/03/2012 12/03/2012 19/03/2012 26/03/2012 22/03/2012 22/03/2012 27/03/2012 27/03/2012 19/03/2012 26/03/2012 27/03/2012 29/03/2012 26/03/2011 30/03/2012 02/04/2012 03/04/2012 17222/12 18335/12 18462/12 19152/12 19381/12 19387/12 19988/12 20002/12 20018/12 20293/12 20816/12 21047/12 21093/12 21211/12 21689/12 21787/12 ZŁOTNICKI v. Poland GÓRECKI v. Poland NOWAK v. Poland PĘCZKOWSKI v. Poland KUZIOŁA v. Poland KUZIOŁA v. Poland JACKOWSKA v. Poland JACKOWSKI v. Poland GRZYB v. Poland JÓZEFECKI v. Poland WIŚNIEWSKI v. Poland KRAM v. Poland KARP v. Poland KNIAZIUK v. Poland GIERLICKI v. Poland POŁOWNIAK v. Poland T. Złotnicki J. Górecki T. Nowak M. Pęczkowski A. Kuzioła A. Kuzioła M. Jackowska M. Jackowski L. Grzyb J. Józefecki R. Wiśniewski J. Kram A. Karp M. Kniaziuk M. Gierlicki J. Połowniak 1227. 21818/12 SAWCZUK v. Poland 03/04/2012 B. Sawczuk 1228. 21826/12 SURMACZ v. Poland 1229. 22543/12 ALEKSIUK v. Poland 02/04/2012 J. Surmacz 05/04/2012 M. Aleksiuk 1230. 22700/12 ASFAL v. Poland 29/03/2012 I. Asfal 1231. 23288/12 FRANEK v. Poland 1232. 23498/12 ADAMCZYK v. Poland 1233. 23672/12 BRUJEWICZ v. Poland 23/03/2012 S. Franek 12/04/2012 Z. Adamczyk 03/04/2012 W. Brujewicz 1234. 1235. 1236. 1237. 1238. 1239. 1240. 03/04/2012 10/04/2012 12/04/2012 05/04/2012 16/04/2012 02/04/2012 15/04/2012 23775/12 23879/12 24356/12 24361/12 24443/12 24926/12 24946/12 SOKOŁOWSKI v. Poland SKOLMOWSKI v. Poland ZIENKIEWICZ v. Poland BUDZISZEWSKI v. Poland KALISTA v. Poland GIERLICKA v. Poland SAGAN v. Poland S. Sokołowski Z. Skolmowski M. Zienkiewicz Z. Budziszewski J. Kalista A. Gierlicka J. Sagan 87 Name of Representative D. Sucholewski A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz Z. DaniszewskaDek A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 88 1241. 1242. 1243. 1244. 1245. 1246. 1247. 1248. 1249. 1250. 1251. 1252. 1253. 1254. 1255. 1256. 1257. 1258. 1259. 1260. 1261. 1262. 1263. 1264. 1265. 1266. 1267. 1268. 1269. 1270. 1271. 1272. 1273. 1274. 1275. 1276. 1277. 1278. 1279. 1280. 1281. 1282. 1283. 1284. 1285. 1286. 1287. App. No. Case Name 25060/12 25118/12 25272/12 26140/12 26192/12 26322/12 26404/12 26643/12 27124/12 27334/12 27345/12 27743/12 27948/12 29249/12 29342/12 29587/12 30351/12 31304/12 31414/12 31490/12 32376/12 32664/12 33151/12 33473/12 33532/12 34213/12 34317/12 34511/12 34545/12 34637/12 35457/12 35752/12 36099/12 36100/12 36534/12 37596/12 37889/12 38036/12 38596/12 38605/12 38893/12 38897/12 38900/12 38903/12 39139/12 39595/12 39657/12 JACKOWSKI v. Poland HRUSZKA v. Poland SZYMAŃSKI v. Poland MALUTA v. Poland MICHALIK v. Poland BORCZ v. Poland ŚLEDŹ v. Poland KRÓL v. Poland HYZOPSKI v. Poland ŚLIWIŃSKI v. Poland KULESZA v. Poland PAJĄK v. Poland POLAŃSKI v. Poland BRANDT v. Poland CERN v. Poland OSUCH v. Poland TUSZYŃSKA v. Poland NOSEK v. Poland KRUPA v. Poland PAPIER v. Poland PERCZAK v. Poland GUDEL v. Poland PYTEL v. Poland GOSTYŃSKI v. Poland BURZYŃSKI v. Poland GIĘTKOWSKA v. Poland WASIAK v. Poland WALCZAK v. Poland CHRZANOWSKI v. Poland KOŁODYŃSKI v. Poland GAŁAN v. Poland OLSZACKI v. Poland KAŁUŻNA v. Poland KACZMAREK v. Poland ROMANOWICZ v. Poland PRZESMYCKI v. Poland MACIOŁ v. Poland GĄGOLA v. Poland WASZKIEWICZ v. Poland OŻÓG v. Poland RAMOTA v. Poland SZCZEPAŃSKI v. Poland KŁOS-REICH v. Poland RAMOTA v. Poland RACZYŃSKI v. Poland PAGACZ-KLIMIŃSKA v. Poland JAROS v. Poland Date of lodging 19/04/2012 17/04/2012 06/04/2012 19/04/2012 19/04/2012 27/04/2012 23/04/2012 26/04/2012 24/04/2012 19/04/2012 20/04/2012 20/04/2012 02/05/2012 09/05/2012 25/04/2012 07/05/2012 14/05/2012 16/05/2012 15/05/2012 17/05/2012 14/05/2012 15/05/2012 28/05/2012 09/05/2012 21/05/2012 17/04/2012 18/05/2012 24/05/2012 10/05/2012 01/06/2012 24/05/2012 26/05/2012 04/06/2012 04/06/2012 08/06/2012 06/06/2012 21/05/2012 17/05/2012 06/06/2012 13/06/2012 11/06/2012 30/05/2012 14/06/2012 11/06/2012 15/06/2012 18/06/2012 20/06/2012 Introduced by H. Jackowski W. Hruszka H. Szymański R. Maluta E. Michalik J. Borcz W. Śledź S. Król W. Hyzopski S. Śliwiński M. Kulesza Z. Pająk T. Polański M. Brandt W. Cern L. Osuch L. Tuszyńska R. Nosek T. Krupa G. Papier M. Perczak J. Gudel W. Pytel T. Gostyński P. Burzyński E. Giętkowska W. Wasiak E. Walczak Z. Chrzanowski A. Kołodyński R. Gałan J. Olszacki A. Kałużna J. Kaczmarek H. Romanowicz N. Przesmycki A. Macioł E. Gągola A. Waszkiewicz J. Ożóg T. Ramota A. Szczepański W. Kłos-Reich K. Ramota J. Raczyński K. Pagacz-Klimińska A. Jaros Name of Representative D. Sucholewski D. Sucholewski S. Pikulski CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 1288. 1289. 1290. 1291. 1292. 1293. 1294. 1295. 1296. 1297. App. No. Case Name 40006/12 40137/12 40184/12 41450/12 41466/12 41733/12 41735/12 42745/12 42747/12 42886/12 FIRSOWICZ v. Poland GUŁAJ v. Poland PECZENIUK v. Poland STAŚKIEWICZ v. Poland JAŚKOWSKI v. Poland CISOWSKA-MAKSIM v. Poland CZARNOWSKI v. Poland PROKOPOWICZ v. Poland FULKO v. Poland MICHALSKI v. Poland Date of lodging 19/06/2012 15/06/2012 15/06/2012 26/06/2012 25/06/2012 28/06/2012 23/06/2012 03/07/2012 27/06/2012 16/05/2012 Introduced by B. Firsowicz K. Gułaj J. Peczeniuk J. Staśkiewicz H. Jaśkowski S. Cisowska-Maksim C. Czarnowski W. Prokopowicz E. Fulko S. Michalski 1298. 43455/12 POLITEWICZ v. Poland 1299. 43578/12 FAŁKOWSKI v. Poland 02/07/2012 K. Politewicz 29/06/2012 E. Fałkowski 1300. 1301. 1302. 1303. 09/07/2012 25/06/2012 29/06/2012 29/06/2012 43682/12 43801/12 43944/12 43969/12 BOROWSKI v. Poland GAJECKI v. Poland LEWANDOWSKI v. Poland DĄBROWSKI v. Poland J. Borowski B. Gajecki E. Lewandowski L. Dąbrowski 1304. 44608/12 KOWALSKA-BOSSART v. Poland 1305. 44884/12 TURBIŃSKI v. Poland 1306. 44980/12 KOSIOREK v. Poland 06/07/2012 G. Kowalska-Bossart 1307. 45732/12 ZWIĄZEK BYŁYCH FUNKCJONARIUSZY SŁUŻB OCHRONY PAŃSTWA v. Poland 1308. 46054/12 GRELA-JURA v. Poland 1309. 46145/12 BOROWCZAK v. Poland 1310. 46312/12 MUSIAŁ v. Poland 1311. 46398/12 CHMIELEWSKI v. Poland 1312. 46441/12 TROJANOWSKI v. Poland 1313. 47238/12 HAJPEL v. Poland 1314. 47337/12 BIELIŃSKI v. Poland 1315. 47548/12 ULANICKA v. Poland 1316. 47646/12 SUDRA v. Poland 1317. 48230/12 PALCZAK v. Poland 1318. 48255/12 TROĆ v. Poland 09/07/2012 1319. 48715/12 NADOLSKA v. Poland 19/07/2012 H. Nadolska 1320. 48720/12 NYK v. Poland 18/07/2012 W. Nyk 1321. 48742/12 CHMIELEWSKI v. Poland 1322. 49388/12 STACHOWIAK v. Poland 23/07/2012 Z. Chmielewski 18/07/2012 E. Stachowiak 12/07/2012 K. Turbiński 12/07/2012 E. Kosiorek 16/07/2012 17/07/2012 04/07/2012 11/07/2012 10/07/2012 05/07/2012 16/07/2012 20/07/2012 04/07/2012 25/07/2012 10/07/2012 Związek Byłych Funkcjonariuszy Służb Ochrony Państwa M. Grela-Jura H. Borowczak J. Musiał W. Chmielewski J. Trojanowski I. Hajpel J. Bieliński J. Ulanicka K. Sudra R. Palczak T. Troć 89 Name of Representative D. Sucholewski A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz K. WojcieszukKwiatkowska M. Gąsiorowska A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 90 App. No. 1323. 1324. 1325. 1326. 1327. 1328. 1329. 1330. 1331. 1332. 1333. 50310/12 50377/12 50742/12 50854/12 51156/12 51338/12 51383/12 51464/12 51469/12 51585/12 52003/12 1335. 1336. 1337. 1338. 1339. 1340. 1341. 1342. 52061/12 52283/12 52514/12 52827/12 52838/12 52871/12 52879/12 53195/12 Case Name CZARNOWSKI v. Poland GAUZA v. Poland WNUK v. Poland KELER v. Poland JAKUBOWSKI v. Poland LELUK v. Poland KUPNIEWSKI v. Poland RUCZAJ v. Poland RUBCZEWSKI v. Poland HAPONIUK v. Poland MATUSZAK- MAJCHRZAK v. Poland 1334. 52060/12 CZECH v. Poland KUDŁA v. Poland CHLEBUS v. Poland PUDZIANOWSKI v. Poland SZESTAKOWSKI v. Poland SZNEIDROWSKI v. Poland ROSOŁOWSKI v. Poland GONSIEROWSKI v. Poland GOLISZ v. Poland Date of lodging 02/08/2012 26/07/2012 04/08/2012 02/08/2012 02/08/2012 06/08/2012 07/08/2012 02/08/2012 02/08/2012 26/07/2012 10/08/2012 Introduced by K. Czarnowski J. Gauza Z. Wnuk W. Keler Z. Jakubowski J. Leluk W. Kupniewski K. Ruczaj J. Rubczewski M. Haponiuk G. MatuszakMajchrzak 01/08/2012 M. Czech 03/08/2012 07/08/2012 09/08/2012 03/08/2012 06/08/2012 01/08/2012 13/07/2012 10/08/2012 D. Kudła J. Chlebus Z. Pudzianowski L. Szestakowski A. Szneidrowski W. Rosołowski A. Gonsierowski M. Golisz 1343. 53260/12 ZALEWSKI v. Poland 1344. 53390/12 WILCZYŃSKI v. Poland 13/08/2012 Z. Zalewski 10/08/2012 M. Wilczyński 1345. 53404/12 CZAJKOWSKI v. Poland 10/08/2012 A. Czajkowski 1346. 1347. 1348. 1349. 1350. 1351. 1352. 1353. 1354. 1355. 16/08/2012 16/08/2012 14/08/2012 16/08/2012 14/08/2012 14/08/2012 16/08/2012 13/08/2012 13/08/2012 06/08/2012 53629/12 53635/12 53640/12 53658/12 53734/12 53796/12 53948/12 53994/12 54159/12 54178/12 CYGANEK v. Poland RYSZKOWSKA v. Poland WOŁOCH v. Poland KOMISAREK v. Poland JĘCHOREK v. Poland MOJESZCZYK v. Poland FRĄCKOWIAK v. Poland BIRUT v. Poland RUTKOWSKI v. Poland BOGUSZ v. Poland C. Cyganek J. Ryszkowska W. Wołoch A. Komisarek E. Jęchorek D. Mojeszczyk K. Frąckowiak H. Birut Z. Rutkowski H. Bogusz 1356. 54375/12 WITEK v. Poland 06/08/2012 Z. Witek 1357. 54392/12 WOJTIUK v. Poland 1358. 54990/12 WALCZYK v. Poland 1359. 55245/12 MIESZKOWSKA-DUTKA v. Poland 1360. 55422/12 PIĘTEK v. Poland 1361. 56415/12 DZIAŁA v. Poland 1362. 57230/12 ŁUKASIŃSKI v. Poland 16/08/2012 A. Wojtiuk 20/08/2012 T. Walczyk 16/08/2012 K. MieszkowskaDutka 20/08/2012 B. Piętek 16/08/2012 W. Działa 22/08/2012 M. Łukasiński Name of Representative P. Sowisło D. Sucholewski A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz D. Sucholewski A. AdamskaMakowska A. AdamskaMakowska A. AdamskaMakowska D. Sucholewski A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 1363. 1364. 1365. 1366. 1367. 1368. 1369. 1370. 1371. 1372. 1373. 1374. 1375. 1376. 1377. 1378. 1379. 1380. 1381. 1382. 1383. 1384. 1385. 1386. 1387. 1388. 1389. 1390. 1391. 1392. 1393. 1394. 1395. 1396. 1397. 1398. 1399. 1400. 1401. 1402. 1403. 1404. 1405. 1406. 1407. 1408. 1409. 1410. App. No. Case Name 57285/12 57324/12 57481/12 58267/12 58276/12 58348/12 58927/12 59047/12 59235/12 59441/12 59597/12 59874/12 59888/12 60018/12 60065/12 60294/12 60430/12 61323/12 61407/12 61691/12 61944/12 61980/12 62305/12 62389/12 62422/12 62450/12 62454/12 62543/12 62843/12 62856/12 62907/12 63094/12 63127/12 63230/12 63252/12 63334/12 63766/12 63990/12 64018/12 64033/12 64047/12 64167/12 65184/12 65426/12 65519/12 65533/12 65534/12 65543/12 PONIECKI v. Poland BURZYCKI v. Poland ŁUKOSZYK v. Poland JANKOWSKI v. Poland MAZUR v. Poland CHUDOWICZ v. Poland BARA v. Poland JASZCZOWSKI v. Poland MACKIEWICZ v. Poland GRZYBOWSKA v. Poland OLKOWSKI v. Poland ŁYSONIEK v. Poland LATEK v. Poland BORCZ v. Poland KUPCZAK v. Poland KRAŚNICKI v. Poland SZUMIELEWICZ v. Poland BOSIACKI v. Poland BUŁATOWICZ v. Poland HAJGENBART v. Poland OLEKSIUK v. Poland PŁACHTA v. Poland CHEŁMECKA v. Poland JANUS v. Poland DOBEK v. Poland NOWICKI v. Poland CZYŻEWSKI v. Poland MIERNICKI v. Poland ZAMARO v. Poland STEFAŃSKI v. Poland MAZURKIEWICZ v. Poland JURCZAK v. Poland MAŁECKA v. Poland ZIELIŃSKI v. Poland KORCZAK v. Poland OKRĄGŁY v. Poland KUBIS v. Poland RZEMEK v. Poland KRÓLIKOWSKI v. Poland BONIECKI v. Poland BIERNACKI v. Poland DEC v. Poland SPYCHALSKI v. Poland PASZKOWSKA v. Poland MAŃKOWSKA v. Poland JURKIEWICZ v. Poland JAROSZ v. Poland SUCHODOŁA v. Poland Date of lodging 28/08/2012 28/08/2012 24/08/2012 28/08/2012 23/08/2012 29/08/2012 05/09/2012 17/08/2012 06/09/2012 30/08/2012 28/08/2012 27/08/2012 28/08/2012 12/09/2012 04/09/2012 11/09/2012 17/09/2012 10/09/2012 19/09/2012 18/09/2012 20/09/2012 20/09/2012 15/09/2012 20/09/2012 14/09/2012 10/09/2012 20/09/2012 05/09/2012 24/09/2012 20/09/2012 24/09/2012 27/09/2012 18/09/2012 12/09/2012 12/09/2012 13/09/2012 27/09/2012 11/09/2012 20/09/2012 19/09/2012 19/09/2012 25/09/2012 04/10/2012 04/10/2012 03/10/2012 23/09/2012 01/10/2012 08/10/2012 Introduced by W. Poniecki G. Burzycki H. Łukoszyk J. Jankowski H. Mazur K. Chudowicz M. Bara Z. Jaszczowski M. Mackiewicz J. Grzybowska M. Olkowski J. Łysoniek E. Latek S. Borcz R. Kupczak J. Kraśnicki Z. Szumielewicz L. Bosiacki C. Bułatowicz E. Hajgenbart Z. Oleksiuk G. Płachta I. Chełmecka W. Janus W. Dobek J. Nowicki M. Czyżewski J. Miernicki B. Zamaro M. Stefański W. Mazurkiewicz Z. Jurczak T. Małecka H. Zieliński K. Korczak J. Okrągły M. Kubis R. Rzemek L. Królikowski M. Boniecki W. Biernacki Z. Dec B. Spychalski M. Paszkowska E. Mańkowska R. Jurkiewicz Z. Jarosz P. Suchodoła 91 Name of Representative T. Srogosz D. Sucholewski D. Sucholewski D. Sucholewski M. Gąsiorowska P. Sowisło P. Sowisło CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 92 App. No. Case Name 1411. 1412. 1413. 1414. 1415. 1416. 1417. 1418. 1419. 1420. 1421. 1422. 1423. 1424. 1425. 1426. 1427. 1428. 1429. 1430. 1431. 1432. 65895/12 66028/12 66357/12 66380/12 66403/12 66842/12 66985/12 67047/12 67354/12 67560/12 68176/12 68321/12 68448/12 68786/12 69028/12 69433/12 69435/12 69656/12 69661/12 69699/12 70017/12 70087/12 WIŚNIEWSKI v. Poland OCHMAŃSKI v. Poland MAJ v. Poland PYPCZYŃSKI v. Poland JURGA v. Poland SZCZYGIEŁ v. Poland LUBIEJEWSKI v. Poland KIERZKOWSKA v. Poland CIELECKI v. Poland STANISŁAWSKI v. Poland BOGDAŃSKI v. Poland PAWELEC v. Poland STĘPNICKI v. Poland MAŁKIEWICZ v. Poland GÓRNIAK v. Poland PIETKIEWICZ v. Poland UKLEJA v. Poland STĘPNIAK v. Poland SYLWESTRZAK v. Poland KLIMEK v. Poland WILK v. Poland PIETREWICZ v. Poland Date of lodging 05/10/2012 05/10/2012 10/10/2012 04/10/2012 08/10/2012 12/10/2012 03/10/2012 08/10/2012 12/10/2012 11/10/2012 16/10/2012 11/10/2012 10/10/2012 16/10/2012 23/10/2012 22/10/2012 22/10/2012 11/10/2012 22/10/2012 23/10/2012 15/10/2012 17/10/2012 1433. 1434. 1435. 1436. 1437. 1438. 1439. 1440. 1441. 1442. 1443. 1444. 1445. 1446. 1447. 70282/12 70593/12 71009/12 71286/12 71313/12 71319/12 72104/12 72224/12 72416/12 72437/12 72881/12 72937/12 73526/12 73767/12 74090/12 BORODA v. Poland WIŚNIOWSKI v. Poland MARCHWIŃSKI v. Poland JODŁOWSKI v. Poland LUTEK v. Poland JANISZEWSKI v. Poland JURKOWSKI v. Poland BRAUN-LICHTBLAU v. Poland WĘGLARZ v. Poland WROTNY v. Poland REĆKO v. Poland ROSICKI v. Poland PRUSZYŃSKI v. Poland JAGUSIAK v. Poland STANKIEWICZ v. Poland 25/10/2012 24/10/2012 19/10/2012 31/10/2012 29/10/2012 25/10/2012 02/11/2012 05/11/2012 06/11/2012 29/10/2012 08/11/2012 25/10/2012 14/09/2012 19/11/2012 26/10/2012 B. Boroda K. Wiśniowski W. Marchwiński R. Jodłowski J. Lutek R. Janiszewski D. Jurkowski B. Braun-Lichtblau M. Węglarz T. Wrotny L. Rećko L. Rosicki M. Pruszyński R. Jagusiak J. Stankiewicz 1448. 1449. 1450. 1451. 1452. 74167/12 74184/12 74621/12 74666/12 74703/12 ŚNIEŻAWSKI v. Poland GÓRSKI v. Poland ŚLEPKO v. Poland BOROWSKI v. Poland SUPRUN v. Poland 12/11/2012 16/11/2012 20/11/2012 20/11/2012 06/11/2012 M. Śnieżawski R. Górski K. Ślepko Z. Borowski R. Suprun Introduced by J. Wiśniewski L. Ochmański G. Maj Z. Pypczyński Z. Jurga R. Szczygieł F. Lubiejewski G. Kierzkowska L. Cielecki I. Stanisławski J. Bogdański H. Pawelec K. Stępnicki W. Małkiewicz K. Górniak T. Pietkiewicz K. Ukleja M. Stępniak P. Sylwestrzak T. Klimek S. Wilk L. Pietrewicz Name of Representative D. Sucholewski D. Sucholewski D. Sucholewski D. Sucholewski D. Sucholewski A. ŚwiątkiewiczPałosz D. Sucholewski A. ŚwiątkiewiczPałosz D. Sucholewski CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 1454. 74843/12 KUCHARSKA v. Poland 1455. 75111/12 GRODECKI v. Poland 1456. 75457/12 KAJKO v. Poland Date of Introduced by lodging 20/11/2012 M. Cichoń W. Florczyk Z. Gibaszewski W. Górka G. Kopeć A. Płaszczyński W. Stępień F. Szostek W. Tacij R. Wałek 09/11/2012 J. Kucharska 13/11/2012 J. Grodecki 09/11/2012 M. Kajko 1457. 75472/12 SZCZĘŚNIAK v. Poland 15/11/2012 Z. Szczęśniak 1458. 75508/12 STANISŁAWSKI v. Poland 1459. 75710/12 DĄBKOWSKA v. Poland 13/11/2012 H. Stanisławski 26/11/2012 K. Dąbkowska 1460. 75713/12 CZERNIEJEWSKI v. Poland 1461. 75788/12 PŁONKA v. Poland 1462. 75850/12 WIŚNIEWSKA-MILEWICZ v. Poland 1463. 76008/12 SZPAKOWSKI v. Poland 1464. 76015/12 ŚNIEŻAWSKI v. Poland 1465. 76075/12 KOZEK v. Poland 1466. 76116/12 NOWICKI v. Poland 1467. 76415/12 JASIŃSKI v. Poland 1468. 76887/12 KOWALSKA v. Poland 1469. 77620/12 CIENKOWSKI v. Poland 1470. 77704/12 PEEK v. Poland 1471. 77944/12 LISZEWSKI v. Poland 1472. 78118/12 MAGRYŚ v. Poland 1473. 78264/12 GRZYBOWSKI v. Poland 1474. 78280/12 PLICHTA v. Poland 1475. 78424/12 MIELNICKI v. Poland 1476. 78477/12 WIŚNIEWSKI v. Poland 1477. 78507/12 WELCZ v. Poland 1478. 78640/12 KURCZYCH v. Poland 1479. 79208/12 SACZKO v. Poland 1480. 79563/12 CZABATOR v. Poland 1481. 80555/12 IWANICKI v. Poland 1482. 80609/12 SZOK v. Poland 20/11/2012 A. Czerniejewski 26/11/2012 A. Płonka 22/11/2012 K. WiśniewskaMilewicz 27/11/2012 R. Szpakowski 27/11/2012 S. Śnieżawski 22/11/2012 B. Kozek 20/11/2012 J. Nowicki 22/11/2012 E. Jasiński 23/11/2012 G. Kowalska 26/11/2012 I. Cienkowski 29/11/2012 B. Peek 23/11/2012 W. Liszewski 01/12/2012 F. Magryś 30/11/2012 K. Grzybowski 30/11/2012 C. Plichta 03/12/2012 R. Mielnicki 29/11/2012 J. Wiśniewski 30/11/2012 T. Welcz 03/12/2012 E. Kurczych 03/12/2012 A. Saczko 03/12/2012 E. Czabator 06/12/2012 J. Iwanicki 30/11/2012 J. Szok 1483. 80640/12 ŁOWCZYNOWSKI v. Poland 1484. 80680/12 RONKOWSKI v. Poland 10/12/2012 C. Łowczynowski 24/11/2012 W. Ronkowski 1485. 80686/12 WOJTAS v. Poland 19/11/2012 B. Wojtas App. No. Case Name 1453. 74726/12 STĘPIEŃ and Others v. Poland 93 Name of Representative D. Sucholewski D. Sucholewski A. ŚwiątkiewiczPałosz K. WojcieszukKwiatkowska A. ŚwiątkiewiczPałosz D. Sucholewski D. Sucholewski A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 94 1486. 80944/12 OKS v. Poland Date of Introduced by lodging 03/12/2012 W. Oks 1487. 80975/12 GÓRALCZYK v. Poland 19/11/2012 W. Góralczyk 1488. 1489. 1490. 1491. 81055/12 85/13 91/13 749/13 KAMIŃSKI v. Poland OLSZEWSKI v. Poland FLOREK v. Poland PAWLAK v. Poland 10/12/2012 17/12/2012 08/12/2012 14/12/2012 J. Kamiński K. Olszewski R. Florek W. Pawlak 1492. 1493. 1494. 1495. 1496. 1497. 1498. 1499. 1500. 1501. 1502. 1503. 919/13 1059/13 1141/13 1209/13 1359/13 1418/13 1546/13 1777/13 1781/13 1787/13 1924/13 1997/13 JAKIELASZEK v. Poland BACIA v. Poland GOŁASZEWSKA v. Poland BOCZEK v. Poland BORYSIUK v. Poland MODZELEWSKA v. Poland ROSOWIECKA v. Poland KOŁODZIEJCZYK v. Poland RACHWAL v. Poland GRABARCZYK v. Poland ŚWITACZ v. Poland ZIELIŃSKI v. Poland 07/12/2012 12/12/2012 21/12/2012 13/12/2012 07/12/2012 28/12/2012 17/12/2012 12/12/2012 29/12/2012 17/12/2012 10/12/2012 18/12/2012 1504. 1505. 1506. 1507. 1508. 1509. 1510. 1511. 1512. 1513. 1514. 1515. 1516. 1517. 1518. 2183/13 2524/13 2800/13 2924/13 3154/13 4266/13 4933/13 5333/13 5414/13 5983/13 6038/13 6046/13 6065/13 6730/13 7236/13 CHMIELOWSKI v. Poland WASIAK v. Poland CHYTROŃ v. Poland BUGAJ-STAWNY v. Poland OLEKSIAK v. Poland PAWLUCZUK v. Poland PAŚNIKOWSKI v. Poland OSTROWSKI v. Poland SZAFRAŃSKI v. Poland JEFIMIUK v. Poland PACEWICZ v. Poland PONICHTERA v. Poland OSKROBA v. Poland MICHALCZAK v. Poland MACHNICKA v. Poland 12/12/2012 17/12/2012 28/12/2012 02/01/2013 14/12/2012 10/12/2012 08/01/2013 08/01/2013 07/01/2013 15/01/2013 15/01/2013 09/01/2013 11/01/2013 02/01/2013 04/01/2013 E. Jakielaszek K. Bacia A. Gołaszewska L. Boczek W. Borysiuk A. Modzelewska L. Rosowiecka I. Kołodziejczyk T. Rachwal Z. Grabarczyk J. Świtacz W. Gwardiak D. Hackiewicz K. Sadowski M. Szewczuk R. Zieliński R. Chmielowski A. Wasiak Z. Chytroń J. Bugaj-Stawny E. Oleksiak J. Pawluczuk A. Paśnikowski M. Ostrowski W. Szafrański R. Jefimiuk M. Pacewicz B. Ponichtera J. Oskroba P. Michalczak G. Machnicka 1519. 7353/13 1520. 7858/13 1521. 7963/13 MYSIUKIEWICZ v. Poland RYCERZ v. Poland GRACZKOWSKI v. Poland 16/01/2013 T. Mysiukiewicz 23/01/2013 A. Rycerz 09/01/2013 M. Graczkowski 1522. 8047/13 1523. 8081/13 LEGIĘDŹ v. Poland JACKOWSKI v. Poland 22/01/2013 J. Legiędź 21/01/2013 J. Jackowski App. No. Case Name Name of Representative A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz D. Sucholewski D. Sucholewski D. Sucholewski D. Sucholewski P. Sowisło A. ŚwiątkiewiczPałosz D. Sucholewski A. ŚwiątkiewiczPałosz D. Sucholewski CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 1524. 8098/13 PUTKOWSKI v. Poland Date of Introduced by lodging 11/01/2013 Z. Putkowski 1525. 8180/13 1526. 8186/13 KOTARSKA v. Poland KAŹMIERCZAK v. Poland 07/01/2013 M. Kotarska 04/01/2013 Z. Kaźmierczak 1527. 1528. 1529. 1530. 8198/13 8752/13 8773/13 8777/13 KORAB v. Poland SZKUDLAREK v. Poland ŻEBROWSKI v. Poland LEWANDOWSKI v. Poland 14/01/2013 23/01/2013 22/01/2013 10/01/2013 K. Korab M. Szkudlarek J. Żebrowski M. Lewandowski 1531. 1532. 1533. 1534. 1535. 1536. 1537. 1538. 1539. 1540. 8781/13 9212/13 9220/13 9435/13 9516/13 9791/13 9897/13 10203/13 10283/13 10442/13 ZIEMNICKI v. Poland CHOMKA v. Poland CZURAK v. Poland NAHARNOWICZ v. Poland CZAJKOWSKA v. Poland KOŁTUN v. Poland URBANIAK v. Poland WARCHOŁ v. Poland JANUS v. Poland PRZEWUSKA v. Poland 18/01/2013 24/01/2013 29/01/2013 25/01/2013 30/01/2013 29/01/2013 30/01/2013 01/02/2013 01/02/2013 25/01/2013 S. Ziemnicki T. Chomka E. Czurak C. Naharnowicz A. Czajkowska T. Kołtun M. Urbaniak J. Warchoł L. Janus M. Przewuska 1541. 1542. 1543. 1544. 1545. 1546. 1547. 1548. 1549. 1550. 1551. 1552. 1553. 1554. 11543/13 11584/13 11588/13 11769/13 12208/13 12333/13 12593/13 12606/13 12781/13 12799/13 12895/13 13143/13 13149/13 13489/13 KĘDZIA v. Poland CELI v. Poland NOWAKOWSKI v. Poland RUCIŃSKA v. Poland GRZELKA v. Poland BISKUP v. Poland MICHALIK v. Poland JAGIEŁOWICZ v. Poland KOWAL v. Poland KWIT v. Poland FABIŚ v. Poland KUBIŃSKI v. Poland KLATT v. Poland KRAWCZYK v. Poland 07/02/2013 04/02/2013 06/02/2013 01/02/2013 09/01/2013 11/02/2013 01/02/2013 13/02/2013 11/02/2013 31/01/2012 04/02/2013 22/01/2013 13/02/2013 06/02/2013 J. Kędzia A. Celi K. Nowakowski G. Rucińska H. Grzelka S. Biskup J. Michalik T. Jagiełowicz B. Kowal L. Kwit B. Fabiś B. Kubiński A. Klatt T. Krawczyk 1555. 1556. 1557. 1558. 13565/13 13604/13 13620/13 13631/13 GAJ v. Poland LASKOWSKI v. Poland MAKIEŁA v. Poland DROSZCZ v. Poland 14/02/2013 30/01/2013 04/02/2013 06/02/2013 J. Gaj R. Laskowski E. Makieła D. Droszcz 1559. 1560. 1561. 1562. 1563. 1564. 1565. 13884/13 14691/13 14746/13 15214/13 15218/13 15885/13 15920/13 OBERDAK v. Poland PAZDYGA v. Poland PIŃKOWSKI v. Poland SURMIONEK v. Poland SYROCKA v. Poland OLCHOWY v. Poland POPA v. Poland 04/02/2013 20/02/2013 20/02/2013 07/02/2013 12/02/2013 23/02/2013 22/02/2013 A. Oberdak J. Pazdyga L. Pińkowski R. Surmionek I. Syrocka J. Olchowy P. Popa App. No. Case Name 95 Name of Representative A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz D. Sucholewski S. Pikulski D. Sucholewski A. ŚwiątkiewiczPałosz J. Ginko J. Ginko D. Sucholewski A. ŚwiątkiewiczPałosz D. Sucholewski P. Sowisło S. Pikulski A. ŚwiątkiewiczPałosz S. Pikulski CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 96 1566. 16120/13 GRELA v. Poland Date of Introduced by lodging 15/02/2013 J. Grela 1567. 16435/13 PADUSZYŃSKI v. Poland 1568. 16461/13 WRÓBLEWSKA v. Poland 1569. 16517/13 CZARNAS v. Poland 26/02/2013 R. Paduszyński 25/02/2013 E. Wróblewska 22/02/2013 T. Czarnas 1570. 16520/13 WOJCIECHOWSKA v. Poland 22/02/2013 K. Wojciechowska 1571. 1572. 1573. 1574. 1575. 1576. 1577. 1578. 1579. 1580. 1581. 1582. 1583. 1584. 1585. 1586. 1587. 1588. 17042/13 17044/13 17383/13 17562/13 17655/13 17780/13 17819/13 17869/13 17879/13 17943/13 17956/13 17958/13 17975/13 18240/13 18249/13 18441/13 19255/13 19550/13 KLIMKOWSKI v. Poland KROPIDŁOWSKI v. Poland HAJGENBART v. Poland IWASZKIEWICZ v. Poland OLESZCZAK v. Poland ŻODZIK v. Poland SOBIESZCZAŃSKI v. Poland MICHALSKI v. Poland MINISZEWSKI v. Poland LEŚNIEWSKA v. Poland ZAGAJEWSKI v. Poland PAPIER v. Poland SZUR v. Poland LACH v. Poland ŚCIBISZ v. Poland PŁACZEK v. Poland DOMARADZKA v. Poland KUPTEL v. Poland 25/02/2013 18/02/2013 22/02/2013 04/03/2013 06/03/2013 25/02/2013 26/02/2013 05/03/2013 05/03/2013 25/02/2013 24/02/2013 26/02/2013 25/02/2013 01/03/2013 04/03/2013 22/02/2013 05/03/2013 26/02/2013 W. Klimkowski A. Kropidłowski L. Hajgenbart J. Iwaszkiewicz W. Oleszczak J. Żodzik F. Sobieszczański J. Michalski A. Miniszewski M. Leśniewska J. Zagajewski Z. Papier L. Szur S. Lach A. Ścibisz S. Płaczek M. Domaradzka S. Kuptel 1589. 1590. 1591. 1592. 1593. 1594. 1595. 1596. 1597. 1598. 1599. 1600. 1601. 1602. 1603. 1604. 1605. 1606. 1607. 1608. 1609. 19629/13 19885/13 20171/13 20411/13 20470/13 20475/13 20609/13 20622/13 21590/13 21843/13 21853/13 21879/13 21893/13 23080/13 23104/13 23110/13 23216/13 23280/13 23281/13 23371/13 23507/13 GRABEK v. Poland MIELCZAREK v. Poland NIECZYPOR v. Poland PERŻYŁO v. Poland ORNOWSKA v. Poland FLOR v. Poland SZEWCZYK v. Poland SZEWCZYK v. Poland SZALUNAS v. Poland JASKO v. Poland REMBIEWSKI v. Poland STOKOWSKA v. Poland LEŚNIEWSKI v. Poland PIESTO v. Poland KOZŁOWSKI v. Poland DACZKOWSKI v. Poland KOWALCZYK v. Poland GRABOWSKI v. Poland KOŚCIELNIAK v. Poland ZEMA v. Poland GRZYBOWSKA v. Poland 04/03/2013 06/03/2013 08/03/2013 11/03/2013 04/03/2013 07/03/2013 08/03/2013 07/03/2013 12/03/2013 20/03/2013 20/03/2013 20/03/2013 22/03/2013 19/03/2013 22/03/2013 21/03/2013 22/03/2013 26/03/2013 20/03/2013 26/03/2013 15/03/2013 M. Grabek L. Mielczarek J. Nieczypor W. Perżyło H. Ornowska G. Flor J. Szewczyk J. Szewczyk A. Szalunas H. Jasko A. Rembiewski E. Stokowska W. Leśniewski J. Piesto A. Kozłowski J. Daczkowski K. Kowalczyk M. Grabowski P. Kościelniak M. Zema G. Grzybowska App. No. Case Name Name of Representative A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz D. Sucholewski D. Sucholewski D. Sucholewski S. Pikulski M. Gąsiorowska D. Sucholewski Z. DaniszewskaDek D. Sucholewski D. Sucholewski D. Sucholewski D. Sucholewski CICHOPEK v. POLAND AND OTHER APPLICATIONS DECISION – APPENDIX 1610. 1611. 1612. 1613. 1614. 1615. App. No. Case Name 23946/13 24492/13 25118/13 25477/13 25713/13 25726/13 SIEK v. Poland BARTNICKI v. Poland UCHMAN v. Poland KNITTER v. Poland NOWAK v. Poland JOBSKI v. Poland Date of lodging 21/03/2013 03/04/2013 03/04/2013 04/04/2013 05/04/2013 29/03/2013 Introduced by J. Siek R. Bartnicki J. Uchman F. Knitter R. Nowak W. Jobski 1616. 25939/13 GAWART v. Poland 29/03/2013 E. Gawart 1617. 26386/13 KOWALCZYK v. Poland 03/04/2013 A. Kowalczyk 1618. 26488/13 KRYSIAK v. Poland 1619. 26649/13 SZYCHULSKI v. Poland 12/04/2013 J. Krysiak 29/03/2013 K. Szychulski 1620. 26660/13 SARBICKI v. Poland 1621. 26761/13 WISŁAWSKA v. Poland 1622. 26770/13 NIZIO and Others v. Poland 1623. 27746/13 ZIELONKA v. Poland 1624. 28667/13 TABISZ v. Poland 1625. 28858/13 BRZDEK v. Poland 08/04/2013 M. Sarbicki 15/04/2013 E. Wisławska 12/04/2013 T. Janecki W. Kozlowska R. Kozlowski R. Krawiec L. Kukulski A. Malarz Z. Nizio W. Piasecki S. Ratajczak W. Sołtysiak 15/04/2013 Z. Zielonka 13/04/2013 M. Tabisz 15/04/2013 W. Brzdek 1626. 29017/13 TURBIARZ v. Poland 1627. 29275/13 PAWLIK v. Poland 1628. 29828/13 RYBAKOWSKA-SOBIESZEK v. Poland 15/04/2013 W. Turbiarz 23/04/2013 S. Pawlik 03/04/2013 J. RybakowskaSobieszek 97 Name of Representative A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz D. Sucholewski A. ŚwiątkiewiczPałosz A. ŚwiątkiewiczPałosz