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Poland Supreme Court judges return to work after EU court ruling
WARSAW, Oct 22, 2018 (BSS/AFP) – Poland’s Supreme Court chief justice asked
23 of the court’s judges to return to work on Monday, days after the European
Union’s top court ordered Poland to “immediately suspend” their retirement
under a disputed law.
The European Commission, the bloc’s executive arm, took Poland’s
government to the European Court of Justice (ECJ) for lowering the age at
which Supreme Court judges must retire from 70 to 65.
The ECJ ordered a temporary suspension of the retirement law on Friday,
saying it threatened judicial independence.
The decision was the latest salvo in a bitter battle over sweeping
judicial changes introduced by the rightwing Law and Justice (PiS) government
since it took office in 2015.
The changes have also led the EU to trigger unprecedented proceedings
against Poland over “systemic threats” to the rule of law that could see the
country’s EU voting rights suspended.
Supreme Court spokesman Michal Laskowski told reporters in the capital
Warsaw on Monday that chief justice Malgorzata Gersdorf requested “23 judges,
including herself, who are 65 years” or older to return to work.
“Today some judges arrived for work, others are expected to arrive later
today, tomorrow or the day after,” Laskowski added.
The PiS-mandated retirement age required more than a third of current
Supreme Court judges to step down, including Gersdorf.
Calling the law a “purge”, Gersdorf refused to go, citing a
constitutional guarantee that she serve a six-year term until 2020.
The PiS government has defended the April 3 retirement law as part of
reforms needed to tackle corruption and overhaul a judicial system still
haunted by the communist era.
Powerful PiS party leader Jaroslaw Kaczynski, widely regarded as
Poland’s ultimate decision-maker, said Friday that Poland would “comply with
EU law” but added that “we will also use our rights and we will appeal this
initial (ECJ) decision”.
The PiS government made no immediate comment to Gersdorf’s move on
Monday.
The ECJ said on Friday the order to suspend retirements “is to apply
with retroactive effect”. It also freezes Warsaw’s appointment of any new
judges to replace them.
The top EU court said its ruling was an interim measure in response to
the commission’s argument for urgent action in the face of accelerated
retirements.
The Luxembourg tribunal, which could impose fines if it finds Poland in
breach of EU law, said it will issue a final ruling at a later date.
BSS/AFP/RY/20:15 hrs