According to the provisions of the Home defence Act, persons appointed for military service, including pregnant women or guardians of obstetrically sick persons, are not allowed to challenge specified decisions to an administrative court. According to the Ministry of Defence data, in 2022 more than 12,000 people were recruited for military service, of which over 2,000 were women. Moreover, according to Central Statistical Office data, in 2020 more than 40% of men aged 18-24 were capable of military service.
Deputy Minister of Defence Paweł Bejda replied that, in accordance with Article 122(3) of the Homeland Defence Act, an application to the competent administrative court cannot be made, inter alia, to decisions on appointments to the compulsory essential military service and appointments to carry out military exercises. This means that those who receive military service are not able to challenge that decision in court. According to ‘Rzeczpospolita’, PiS MP Jan Warzecha besides asked whether the Ministry of National Defence was considering amending the government to enable the decision to be invoked for military service.
It is worth noting that citizens' rights are guaranteed by the Constitution of Poland, which introduces the rule of equality before the law. Article 32 of the Basic Act states that “all are equal to the law” and that “all have the right to equal treatment by public authorities”. It follows from this rule that all citizen should be able to challenge an administrative decision, including the decision to appoint to military service.
According to data from the Institute of Administrative Law, in 2020 more than 14,000 complaints were brought to the administrative courts, of which more than 2 000 afraid decisions issued by the Ministry of National Defence. According to the Institute, the percent of complaints concerning military service was comparatively low, which may propose that most of the persons called into military service are not aware of their rights or do not know how to execute them.
The issue of guardians of the sick is besides worth the attention, who are besides called up for military service. According to the data of the Ministry of household and Social Policy, in 2022 there were over 1.5 million guardians in Poland. They are frequently forced to resign from work or education to supply care for their loved ones.
In conclusion, the question of the appointment of military service and the right to challenge this decision is an crucial problem that concerns a large group of people in Poland. The Ministry of National Defence should consider amending the rules to let for the prosecution of the decision to appoint to military service, allowing equality to be restored to the law and respect for citizens' rights. According to data, more than 70% of citizens believe that the appointment for military service should be subject to appeal to the administrative court.
