Resolution of the Extraordinary General Meeting of Members of the Association of Prosecutors „Lex super omnia” of January 26, 2019 regarding the financial situation of people holding public offices within the public prosecution service and other employees of the prosecutor’s offices
The Association of Prosecutors „Lex super omnia” upholds the position expressed in the Executive Board’s resolutions of October 4, 2017 and December 12, 2018 and is increasingly worried about the lack of real actions by the current leadership of the public prosecution service, the Ministry of Justice, representatives of the legislative and executive authorities, which would lead to systemic solutions that actually, rather than temporarily, improve the financial situation of people holding public offices within the public prosecution service and other employees of the prosecutor’s offices.
The number and nature of cases being processed by the public prosecutor’s offices and the type of tasks imposed on officials and other employees result in an ever-increasing scope of their duties and requires increased amounts of administrative, technical and organizational activities. Failure or the impossibility of performing such activities can realistically influence the proceedings conducted by public prosecutors, slowing them down significantly or in some cases effectively inhibit their pursuance. We are aware that without an efficient and professional body of officials the efforts of prosecutors and all those involved in conducting pre-trial proceedings will not be effective.
Meanwhile, for their hard and responsible work , important from the point of view of the efficiency of the justice system, administrative employees receive a salary that offends the dignity and ethos of the prosecution official, which results in qualified staff, with many years of experience, quitting their jobs. With the current wage conditions, it will be very difficult, if not impossible, to replace them with competent and well-educated people.
The current leadership of the Public Prosecution Service does not seem to notice the seriousness of this dramatic situation. The problem will not be solved by the occasional awarding of rewards to only some of the officials employed in the public prosecution service, which leads to favouring some but not others, resentment and bitterness and a sense of discrimination on the part of those who have been omitted. The current leadership also forgets that everyday work and involvement of public officials and other employees of the public prosecution service not only affects the efficiency of the proceedings, but also shapes the public image of the prosecution service.
The allocation of significant financial resources to an extended promotion and award system, special allowances for prosecutors, housing benefits, business trips or the purchase of an extremely expensive new headquarters, with a small increase in remuneration of officials and employees, arouses their frustration and bitterness, especially because in 2017 and 2018 the annual budget of the prosecution service was over PLN 500 million higher than in 2015, and the 2019 budget act envisages the difference to be over PLN 700 million.
Members of the Association of Prosecutors „Lex super omnia” note that officials and other employees of the prosecution service are deprived of real union representation that can effectively fight for their just pay demands. We do not intend to interfere in the personnel issues of the trade union. We see, however, the overrepresentation in its authorities of a group of prosecutors, unable to disagree with decision-makers and attaining their own financial and professional benefits in the form of a fast promotion, under the pretext of pursuing the interests of employees of the prosecution service.
Focusing the dissatisfaction of prosecution service employees on the Prime Minister disregards the fact that it is the Attorney General who is the main administrator of that part of the state budget which is allocated to the prosecution service, and he divides funds for current expenses, including remuneration. In the context of the aforementioned increases of the prosecution service’s budget, it is reasonable to conclude that there are real possibilities of a significant increase in remuneration for officials and other employees of the prosecution service.
Therefore, once again reiterating the legitimate demands of the officials and other employees of the prosecution service, the Association of Prosecutors „Lex super omnia” appeals to the leadership of the prosecution service, the Ministry of Justice, and to representatives of the legislative and executive authorities to take real, not perfunctory actions, aimed at developing and implementing system solutions that in the near future will lead to an increase in the level of remuneration and the creation of an objective, real and effective mechanism for their valorisation. Only achieving such a goal will allow the proper performance of duties in the prosecution units by highly qualified and professional staff, and thus the proper implementation of the statutory tasks of the prosecution service, and at the same time stop the outflow of employees.
