The controversial judicial reforms sparked mass protests across Warsaw in July 2018 |
LUXEMBOURG
(AFP) - The European Union's top court on Friday ordered Poland to
"immediately suspend" its decision to lower the retirement age of its
Supreme Court judges, which it said threatens judicial independence.
The
European Commission, the bloc's executive arm, last month took Poland's
rightwing government to the European Court of Justice for lowering the age at
which Supreme Court judges must retire from 70 to 65.
"Poland
must immediately suspend the application of the provisions of national
legislation relating to the lowering of the retirement age for Supreme Court
judges," the European Court of Justice said.
The
Commission had asked the court in Luxembourg to take a decision as "soon
as possible", warning that Warsaw was accelerating retirements.
Speaking in
Brussels, Polish Prime Minister Mateusz Morawiecki said his government had
during "the last few hours received the court of justice decision".
"We
will certainly respond to it," he added.
"We
will see what these (EU) institutions are proposing. When we take them into
consideration, several possibilities will be analysed."
The court
said the order to suspend retirements "is to apply with retroactive
effect" after noting that several judges had already been forced to
retire.
The court,
which said it would issue a final ruling at a later date, could impose fines if
it finds Poland in breach of EU law.
The
Commission has expressed concern the new retirement age will hasten the
departure of judges appointed under previous governments, allowing the
appointment of figures seen as loyal by Warsaw's current leadership.
The new
retirement age requires more than a third of current Supreme Court judges to
step down, including chief justice Malgorzata Gersdorf.
Calling the
law a "purge", Gersdorf has refused to step down, citing a
constitutional guarantee that she serve a six-year term until 2020.
The law
more broadly violates Poland's obligations under the EU treaty, which it signed
onto when it joined the bloc in 2004, the commission said.
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