ECJ ruled that lowering the retirement age of Polish judges broke EU rules

epa07273200 A general view of the entrance of the European Court of Justice (Court of Justice of European Union) (ECJ) in Luxembourg, 10 January 2019. EPA-EFE/JULIEN WARNAND

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The European Court of Justice, ruled Tuesday that lowering the retirement age of Polish judges and prosecutors breached the EU law, undermining yet again the legality of Poland’s judiciary reforms.

In its judgement the court said that it had failed to fulfil its obligations under EU law, first, by establishing a different retirement age for men and women who were judges or public prosecutors in Poland and, second, by lowering the retirement age of judges of the ordinary courts while conferring on the Minister for Justice the power to extend the period of active service of those judges.

Politico reports that Poland’s foreign ministry said in a statement that the court judgement will be subject to “detailed analysis,” but complained that the Commission hadn’t taken into account the changed law.

“According to previous practice, the Commission should have withdrawn the complaint after the law was updated. The lack of a withdrawal is not justified,” the Polish statement said.

The ministry said the government won’t question the CJEU’s judgment, but it’s still convinced that the law didn’t impact judicial independence and that the reform falls within permitted national competences.

European Court of Justice / Poland Foreign Affairs Ministry / Politico / ONET


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