| Author (Corporate) | Cardiff EDC (Compiler) |
|---|---|
| Publication Date | 2018 |
| Content Type | News, Overview |
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Summary: Reports and information relating to the infringement procedure launched by the European Commission against Poland over its 'Law on the Supreme Court', under which the retirement age for Supreme Court (Sąd Najwyższy) judges was lowered to 65. Further information: The new age limit applied as from the date of entry into force of that law, and included judges of that court appointed before that date. It was possible for Supreme Court judges to continue in active judicial service beyond the age of 65 but this was subject to a declaration of fitness to work and authorisation by the President of the Republic, which would not be bound by any criterion and his decision would not be subject to any form of judicial review. The infringement procedure was launched on 2 July 2018 by the European Commission sending a Letter of Formal Notice to Polish authorities regardinf the law on the Supreme Court. The Commission argued that these measures undermine the principle of judicial independence, including the irremovability of judges, and thereby Poland failed to fulfil its obligations under Article 19(1) of the Treaty on European Union (TEU) read in connection with Article 47 of the Charter of Fundamental Rights of the European Union. The decision to launch the procedure was taken following the lack of sufficient progress in addressing the issues around this law through the Rule of Law dialogue undertaken between Poland and the European Commission. On 14 August, the Commission moved to the second stage of the procedure by sending a Reasoned Opinion to Poland, due to insufficient response from the national authorities to the legal concerns highlighted by the Commission. On 24 September, the Commission decided to refer Poland to the Court of Justice of the European Union (CJEU) due to violations of the principle of judicial independence created by the Polish Law on the Supreme Court, and to ask the CJEU to order interim measures until it issued a judgment on the case. |
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| Subject Categories | Justice and Home Affairs, Law |
| Subject Tags | Judicial Reform, National Law | Legal Systems |
| Countries / Regions | Poland |
| International Organisations | European Union [EU] |
