The Warsaw territory Court issued a landmark judgment, granting the municipality of Ozimek compensation of PLN 625 590.85 for the simplification of subsidies for German language lessons for the German minority. This decision could have far-reaching consequences for another municipalities in Poland, which besides suffered from budgetary cuts introduced under the Law and Justice Office. The case concerns the simplification of the subsidy by almost PLN 40 million in 2021, resulting in a limitation of the hourly dimension of German language teaching from 3 to 1 hr a week.
Background to the case: why did there be cuts in subsidies?
In December 2021, the Sejm accepted an amendment to the draft budget for the next year, which importantly reduced the funds allocated to learning German in Poland. At the time, the Minister of Education and Science, Przemysław Czarnek, justified this decision by the necessity of exerting force on the Germans. – If we had not done this movement and reduced the resources to teach German (...), would the German side have raised the subject today? It seems that it was essential for Germany to yet start reasoning about how to start doing its job," he said in an interview with Deutsche Welle.
Consequences for municipalities and students
These changes have had a negative impact on municipalities that had to face a simplification in education funding. In the case of the municipality of Ozimek, the authorities decided to finance any of the classes from their own resources in order not to limit the ability to teach children. The mayor of Ozimka, Mirosław Wieszolek, stressed that “the learning opportunities of our children cannot be limited, and the lands on which we live have always been marked by knowing and multiculturalism.”
Judgment of the court and its possible effects
The judgement of the Warsaw territory Court is invalid, which means that the Treasury may appeal against it. However, if the decision is maintained, it may open the way for akin claims by another municipalities. According to the calculations of Business Insider Poland, there are 49 municipalities in Poland in a akin situation. If they all filed lawsuits and won their cases, the Treasury would gotta pay them a full of PLN 31.8 million in damages. There are already 8 lawsuits in court, akin to those filed by the municipality of Ozimek.
What's next? Perspectives for municipalities and the education system
The case of Ozimek Municipality draws attention to the problems of financing the education of national minorities in Poland. The judgement of the court may prompt the government to reconsider its policy in this regard, especially as the financial consequences may be significant. For municipalities, this means the anticipation of recovering the funds lost, but besides the request to prepare for possible changes in the subsidy scheme.
Summary
The decision of the Warsaw territory Court is an crucial step in the fight for the rights of national minorities in Poland. The judgement not only grants the municipality of Ozimek compensation, but besides creates a precedent that may affect the situation of another municipalities. In the face of an expanding number of lawsuits, the government may be forced to change its policy of financing the education of the German minority.
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Warsaw territory Court granted compensation to the German municipality of Ozimek
