Forced retirement of Polish judges violates EU law – ECJ


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The European Court of Justice (ECJ) has ruled that the compulsory retirement of Polish judges violates EU law. This was announced by the Luxembourg judges on Tuesday (case C-192/18), thereby completing a complaint by the European Commission.

In 2017, the Polish government lowered the retirement age for judges and prosecutors. Accordingly, women with 60 and men with 65 retire, Before this reform, the retirement age was 67. Only the Minister of Justice could approve an exception.

Government critics saw this as an attempt by the right-wing national party "Prawo i Sprawiedliwość" (PiS) to bring the judiciary to justice.

Court: Poland "breaching its obligations"

Now came the judgment of the European Court of Justice and gave the EU Commission right. Thus, the Court held that 'Poland infringed both its obligations under EU law and introduced different retirement ages for women and men acting as judges or prosecutors in Poland'. The Minister of Justice had the right "to extend the active service of these judges," according to a statement published on the official website of the Tribunal.

The PiS ruling party had already agreed in 2018 to the request of the European Court of Justice to reverse some legislative changes, including the forced retirement of the judges.

If Poland does not comply with the ruling of the Court of Justice, the EU Commission can sue again and "apply for financial sanctions".

dg / ae / dpa

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