|Author (Corporate)||Court of Justice of the European Union|
|Content Type||News, Overview|
Judgment from the Court of Justice of the European Union (CJEU) on the lowering of the retirement age of Poland's Supreme Court (Sąd Najwyższy) judges.
In April 2018, a new 'Law on the Supreme Court' entered into force in Poland. Under that law, the retirement age for Supreme Court judges was lowered to 65. The new age limit applied as from the date of entry into force of that law, and included judges of that court appointed before that date. It was possible for Supreme Court judges to continue in active judicial service beyond the age of 65 but this was subject to a declaration of fitness to work and authorisation by the President of the Republic, which would not be bound by any criterion and his decision would not be subject to any form of judicial review.
On 2 October - following the completion of its infringement procedure - the European Commission brought an action against Poland before the CJEU for failure to fulfil obligations. The Commission argued that by lowering the retirement age and applying it to judges already appointed to the Supreme Court, as well as granting the President of the Republic the discretion to extend the active judicial service of judges, Poland was infringing EU law. The Commission also urged the Court of order the suspension of the application of the provisions of that law, which was eventually granted by the Court.
On 11 April 2019, the Court's Advocate General argued in his Opinion that it should be ruled that the provisions of Polish legislation relating to the lowerinf of the retirement age for Supreme Court judged are contrary to EU law, because they violate the principles of irremovability of judges and of judicial independence. This was confirmed by the Court in its judgement released on 24 June.
|Subject Categories||Justice and Home Affairs, Law|
|Subject Tags||Judicial Reform, National Law | Legal Systems|
|Countries / Regions||Poland|
|International Organisations||European Union [EU]|