Poland must suspend forced retirement of judges

Luxembourg. In Poland, the PiS government is trying to influence the judicial system in terms of reform. One of the controversial points was the retirement age reduction of Supreme Court justices from 70 to 65 years old. According to the Polish Judicial Union Iustitia, the PiS was able to replace existing judges against its own candidates at retirement.

Poland must now put an end to these forced retirements with immediate effect. A corresponding injunction issued Friday by the European Court of Justice in Luxembourg. The order applies even retroactively to the judges of the Polish Supreme Court already in retirement.

The EU Commission in Brussels had asked for this interim order earlier this month. The authority responsible for prosecuting violations of EU law believes that forced retirement is contrary to the principle of the independence of justice. It also undermines the principle of the irremovability of judges, according to Brussels.

For the Polish government, the decision of the Court of Justice of the European Communities is considered a serious recession. She has been arguing for months that her controversial judicial reforms do not violate the law of the Union. Since early July, more than 20 judges have been retired. Among them was the first president of the Supreme Court, Malgorzata Gersdorf.

The ordinance also provides that judges already badigned must be allowed to continue their work at least until the final decision of the ECJ. Even the renominations should not take place anymore.