European Court: Judges removed from office Poland must return

The European Court ruled on Friday that all Polish judges who were dismissed could resume their posts for the time being. This is reported by the Polish newspaper Gazeta Wyborcza on Friday. In October, Polish President Andrzej Duda and his government were discredited because of the installation of 27 of the 72 senior judges. Their predecessors had sent a pension to Duda, a decision contrary to European legislation. Duda's decision also put Poland at odds with Brussels, which believes that the government is dismantling the rule of law in Poland.

attempt to implement, the Court has not yet made a final decision. When that follows, it is still uncertain. One may also wonder whether Poland will stick to this temporary decision.

More Influence

In any event, it was decided that positions vacated at that time would not be filled by new judges at this time. Duda lowered the age at which senior judges must retire from age 70 to 65, leaving a large number of judges offside. In principle, judges can stay after their 65th birthday, but they need the president's permission. The measure was an attempt by the government to increase its influence within the legal system.

In September, the Commission took legal action against the country on the grounds that the decision infringed the "principle of independent justice". Brussels thinks the Polish government is violating the separation of powers through the decree. The Polish Supreme Court has an important function in determining whether the election results will be approved or not.

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New judges appointed

The European Commission then asked the Court to freeze the appointment of new judges before the final decision of the body. Meanwhile, new judges have already been appointed by Duda and his party of the National Conservative Government, Law and Justice (PiS). PiS loyalists have also been installed in the Polish Council of the Judiciary and Judiciary.

It is not certain that the Warsaw Government will also hold the interim judgment, said NRC correspondent Roeland Termote:

"If Poland ignores this statement, it would push the matter even further. They would not respect the Court and the government would isolate from Europe. "

Poland is not the only European country accused by Brussels of the erosion of democracy . Hungary learned in September that "the nuclear option" was being used against the country. The European Parliament has decided to do so because the government of Prime Minister Viktor Orbán would systematically undermine the rule of law.

Barely a year ago, the same procedure, the procedure of Article 7, had already been initiated against Poland. The infringement procedure may force European countries to apply European regulations correctly. If they do not, they risk losing their right to vote at the EU meeting tables. The European Network of Judicial Councils (RECJ) suspended Poland last month as a member.