Case C-192/18 | Commission v Poland

Summary:

Judgment from the Court of Justice of the European Union (CJEU) on the retirement age of judges and public prosecutors, following rules adopted by Poland in 2017.

Further information:

A law adopted by Polish authorities in July 2017 lowered the retirement age of judges of the ordinary courts and public prosecutors. In addition, that law conferred on the Minister for Justice the power to extend the period of active service of judges of the ordinary courts beyond the new retirement ages thus set, which differ according to sex. The European Commission took the view that those rules were contrary to EU law, and decided to refer Poland to the Court of Justice in May 2018 over failure to fulfil obligations.

On 5 November 2019, the CJEU confirms that Poland failed to fulfil its obligations under EU law, by establishing a different retirement age for men and women and by lowering the retirement age of judges of the ordinary courts while conferring on the Minister of Jusruce the power to extend the period of active service of those judges. This judgment adds to another action brought to the CJEU on the retirement age of Poland's Supreme Court (Sąd Najwyższy) judges.

• Primary Source

Commentary and Analysis

EU Law Analysis, 15/04/2019: Does Poland infringe the principle of effective judicial protection? Recent developments in the CJEU http://eulawanalysis.blogspot.com/2019/04/does-poland-infringe-principle-of.html

Dublin City University (DCU): Brexit Institute, 19/11/2019: The Independence of Judges in Polish’s Courts: the CJEU Judgement in Commission v Poland (C-192/18) https://dcubrexitinstitute.eu/2019/11/the-independence-of-judges-in-polishs-courts-the-cjeu-judgement-in-commission-v-poland-c-192-18/

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News

EurActiv, 05/11/2019: Poland’s 2017 judicial reform broke EU law, bloc’s top court rules https://www.euractiv.com/section/justice-home-affairs/news/polands-2017-judicial-reform-broke-eu-law-blocs-top-court-rules/

BBC News, 05/11/2019: Retirement age: Poland broke EU law with ruling on judges https://www.bbc.co.uk/news/world-europe-50302102

The Guardian, 05/11/2019: Poland broke EU law by trying to lower age of retirement for judges https://www.theguardian.com/world/2019/nov/05/poland-broke-eu-law-trying-lower-age-retirement-judges-says-court

Reuters, 05/11/2019: EU top court rules Poland broke rule of law with judicial reforms https://uk.reuters.com/article/idUKKBN1XF158

Euronews, 05/11/2019: EU court finds Poland's change of retirement ages for judges unlawful https://www.euronews.com/2019/11/05/eu-court-finds-poland-s-change-of-retirement-ages-for-judges-unlawful

Deutsche Welle, 05/11/2019: Top EU court rules against Polish judicial reform https://p.dw.com/p/3STL4

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Official

CJEU: Press Release, 05/11/2019: Judgment of the Court of Justice in Case C-192/18 Commission v Poland (Indépendance des juridictions de droit commun) https://curia.europa.eu/jcms/jcms/p1_2555048/en/

European Commission statement on the judgment of the European Court of Justice on Poland's Ordinary Courts law, 5 November 2019 https://europa.eu/rapid/press-release_STATEMENT-19-6225_en.htm

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