People demonstrate in support of Poland's Supreme Court judges in Warsaw in July 2018 |
The
European Union announced Monday it will take Poland to the bloc's top court to
stop alleged breaches of the independence of the country's supreme court.
The
European Commission, the EU's executive arm, said Poland's decision to lower
the age at which Supreme Court judges must retire from 70 to 65 would undermine
judicial independence and breach Poland's obligations under EU law.
"The
European Commission decided to refer Poland to the Court of Justice of the EU
due to the violations of the principle of judicial independence created by the
new Polish law on the Supreme Court," the commission said.
The
Commission statement said it has asked the Luxembourg-based European Court of
Justice to take "interim measures" pending a ruling in the case.
"The
European Commission maintains that the Polish law on the Supreme Court is
incompatible with EU law as it undermines the principle of judicial
independence," it added.
It said the
action violates Poland's obligations under the EU treaty, which it signed onto
when it joined the European Union.
The
commission has for more than two years been in talks with Warsaw about a number
of judicial reforms that the EU says threaten the rule of law in Poland.
But it has
called for swift action on the Supreme Court issue.
The new
retirement age, introduced by Poland's Law and Justice (PiS) government, cames
into force in July and would require more than a third of current Supreme Court
judges to step down.
The PiS
government insists the changes are needed to tackle corruption and overhaul a
judicial system still haunted by the communist era.
The EU and
the Warsaw government's Polish critics argue these measure undermine the
division of powers and therefore threaten democracy and the rule of law.
In
December, Brussels triggered unprecedented proceedings against Poland under
Article 7 of the EU treaty over "systemic threats" to the rule of
law, which could eventually see Warsaw's EU voting rights suspended.
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