In February this year, a petition was sent to the Sejm, the author of which calls for the introduction of "the bull". It's not about a fresh tax, it's about dependence on pension contributions, depending on having children.
A bull's return? As the petitioner explained, "childless persons, without contributing to the future increase in taxpayers and contributions, naturally burden the strategy without compensating for this by participating in its future maintenance". For this reason, it calls for the introduction of a double pension fee for children over 30 years old. In addition, people with only 1 kid would pay a pension contribution of 1 and a half standard rates. Infertiles and those who have lost a kid would be exempt from the fees.
The argument behind the task is very interesting. As described by the website infor.pl, the petitioner points to the problem of deteriorating demography, which contributes to destabilising the pension strategy based on the rule of substitutability of generations. According to him – "childless persons, without contributing to the future increase in taxpayers and contributions, naturally burden the strategy without compensating for their participation in its future maintenance" – therefore, they should pay higher contributions.
Due to the size of the group of citizens (which consists of children without children and with only 1 child) the introduction of these changes, according to the petitioner, would contribute to a crucial increase in the income of the Social safety Office – even "by respective billion PLN per year, which would importantly improve the current liquidity of the strategy and reduce the burden on the state budget".
At the same time – the applicant believes that introducing an additional financial burden for the childless or having only 1 kid – could act as an incentive to have more children, which in the long word would contribute to improving fertility rates in Poland. Improving demography – "is crucial for the stableness of the intergenerational pension system".
As an argument for a legislative initiative in this area, it besides cites greater social solidarity – "People with more than 1 kid bear crucial costs of education and education, which in the future contribute to the maintenance of the pension system. Childless persons and families with 1 kid who do not bear the same costs could participate more reasonably in the system, paying higher contributions“.
While the argument seems mostly reasonable, the problem seems to be its conflict with the content of the Polish Constitution. Why? The rule of equality (Article 32 of the Constitution of the Republic of Poland) states that all citizen has an equal position towards the law. A taxation which discriminates on grounds of marital position (i.e. the condition of being single) would infringe the prohibition of differentiation of rights and obligations without nonsubjective and justified reason.
This is not the only problem, as the proposed changes besides interfere with the right to privacy and respect for household life (Article 47). The Constitution guarantees the integrity of private and household life. The imposition of financial punishment for the fact that individual has not established a household (or has no children), interferes in the sphere of individual decisions concerning union and procreation.
Furthermore, the current doctrine and jurisprudence emphasize that freedom to marry and to have children is an component of individual autonomy, besides protected by the European Convention on Human Rights (Article 8 ECHR). Bull's taxation would violate that autonomy financially.
As we can see, in the light of the Constitution of the Republic of Poland, a " bull tax" would be a discriminatory, disproportionate and violating both the rule of equality (Article 32), the protection of private and household life (Article 47) and the limits of permissible restrictions on rights (Article 31(3)). It would most likely not be accepted by the Constitutional Court as compatible with the Constitution.
OUR COMMENTS: It is doubtful that Donald Tusk's coalition will introduce specified solutions. It is not only about problems with their compatibility with the Constitution, but above all about the fact that childless people with a dog or a cat and people with sexual disorders are a large part of the PO and Left electorate. Furthermore, the current government supports the globalistic doctrine of human population reduction, given the climate threat (as we know, in practice it is about the simplification of the white race).
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