POLAND
A confrontation is looming between Poland and the European Union over a new Polish law that forces the early retirement of Supreme Court judges.
The judges objected to the ruling, which imposes a retirement age of 65 which would remove around 40 per cent of their number from the bench, so they took their case to the European Court of Justice (ECJ) in Luxembourg.
However, Poland’s Deputy Prime Minister, Jarosław Gowin (pictured) said whatever the ECJ decided, the retirement age law would go ahead and that an attempt by the Polish court to suspend the application of the law pending the ECJ’s decision, would be ignored.
Mr Gowin, who is also the Minister for Science and Higher Education, insisted the ECJ was overstepping its mandate.
“If the tribunal in Luxembourg considers itself competent to support a position of a small group of Polish judges, it will be fuel for Eurosceptic communities across Europe,” Mr Gowin said.
“This will undermine the fundamental EU idea of the sovereignty of nation States.”
Poland’s ruling Law and Justice Party is embroiled in a dispute with Brussels over a series of judicial reforms which it claims are necessary to improve the judicial system’s efficiency and cleanse it of the alleged influence of the old communist regime.
In December, the European Commission launched so-called Article Seven proceedings against Poland over the controversial reforms, kick-starting a process that in theory could lead to Poland losing its voting rights in the European Council.
Poland’s National Judiciary Council, which nominates Supreme Court judges, has sped up procedures to nominate replacements for judges removed under the controversial new rules ahead of the ECJ’s decision.
The body has already nominated 12 new judges and is expected to name several more in coming weeks.
Commenting on the most contentious part of the new Supreme Court law, which allows for the removal of the court’s President, Małgorzata Gersdorf, in violation of her constitutionally mandated six-year term, Mr Gowin simply said there was no such person now.
Warsaw, 29 August, 2018
