Close Menu
    Latest Category
    • Finance
    • Tech
    • EU Law
    • Energy
    • About
    • Contact
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Login
    • EU News
    • Focus
    • Guides
    • Press
    • Jobs
    • Events
    • Directory
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Home » EU launches legal action over Poland’s Supreme Court changes

    EU launches legal action over Poland’s Supreme Court changes

    npsBy nps3 July 2018 No Comments3 Mins Read
    — Filed under: EU Law EU News Headline2 Poland
    Share
    Facebook Twitter LinkedIn Pinterest Email
    EU launches legal action over Poland's Supreme Court changes

    Constitutional Tribunal of Poland – Image by Adrian Grycuk

    (BRUSSELS) – The EU Commission launched an infringement procedure against Poland Monday over changes to Polish law on the Supreme Court, which it says undermines the principle of judicial independence.

    On 3 July, 27 out of 72 Supreme Court judges face the risk of being forced to retire – more than one in every three judges – due to the fact that the new Polish law on the Supreme Court lowers the retirement age of Supreme Court judges from 70 to 65. This measure also applies to the First President of the Supreme Court, whose 6-year mandate would be prematurely terminated.

    According to the law, current judges are given the possibility to declare their will to have their mandate prolonged by the President of the Republic, which can be granted for a period of three years and renewed once. There are no criteria established for the President’s decision and there is no possibility for a judicial review of this decision.

    The EU executive believes these measures ‘undermine the principle of judicial independence’, including the irremovability of judges, and accuses Poland of failing fulfil its obligations under Article 19(1) of the Treaty on European Union read in connection with Article 47 of the Charter of Fundamental Rights of the European Union.

    While the Polish Supreme Court law has already been discussed in the Rule of Law dialogue between the Commission and the Polish authorities, it has not been satisfactorily addressed through this process. The Commission believes that the introduction of a consultation of the National Council for the Judiciary (NCJ) does not constitute an effective safeguard, as argued by the Polish authorities. The NCJ’s opinion is not binding and is based on vague criteria. Moreover, following the reform of 8 December 2017, the NCJ is now composed of judges-members appointed by the Polish Parliament – which is not in line with European standards on judicial independence.

    Given what the Commission says is a lack of progress through the Rule of Law dialogue, and the imminent implementation of the new retirement regime for Supreme Court judges, the Commission has decided to launch the infringement procedure ‘as a matter of urgency’.

    The Polish government will have one month to reply to the Commission’s Letter of Formal Notice. At the same time, the Commission says it stands ready to continue the ongoing rule of law dialogue with Poland, which remains the Commission’s preferred channel for resolving the systemic threat to the rule of law in Poland.

    The rule of law is one of the common values upon which the European Union is founded. It is enshrined in Article 2 of the Treaty on European Union. The Commission, together with the European Parliament and the Council, is responsible under the Treaties for guaranteeing the respect of the rule of law as a fundamental value of our Union and making sure that EU law, values and principles are respected.

    Add A Comment
    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    nps
    • Website

    Related Content

    Euro - ECB-Photo by Mika Baumeister on Unsplash

    Markets breathe easier as Trump hedges on Iran-Israel conflict – Euro currency news daily

    Ship porthole - Image by Herbert Aust from Pixabay

    The importance of manholes in shipbuilding and marine industry

    EU funding - Photo by Kaboompics.com on Pexels

    EP working group on NGO funding politically motivated and harmful to EU democracy

    Sponsor: WWF19 June 2025
    Investment - Photo by Anna Tarazevich on Pexels

    EU agrees on shorter settlement cycle for securities trading

    Trade front loader beside intermodal containers - Photo by Chanaka on Pexels

    MEPs seal deal with Council to simplify EU carbon leakage instrument

    Job interview recruitment - Photo by Edmond Dantès on Pexels

    How to Improve Your Search for Better Marketing Talent

    LATEST EU NEWS
    Euro - ECB-Photo by Mika Baumeister on Unsplash

    Markets breathe easier as Trump hedges on Iran-Israel conflict – Euro currency news daily

    20 June 2025
    Investment - Photo by Anna Tarazevich on Pexels

    EU agrees on shorter settlement cycle for securities trading

    18 June 2025
    Trade front loader beside intermodal containers - Photo by Chanaka on Pexels

    MEPs seal deal with Council to simplify EU carbon leakage instrument

    18 June 2025
    Health research - Photo by National Cancer Institute on Unsplash

    EU awards EUR 721m funding for cutting-edge research

    17 June 2025
    mobile-phone-Smartphone - Image by Dariusz Sankowski from Pixabay

    Brussels proposes cheap calls for Ukrainians in EU from 2026

    17 June 2025

    Subscribe to EUbusiness Week

    Get the latest EU news

    CONTACT INFO

    • EUbusiness Ltd 117 High Street, Chesham Buckinghamshire, HP5 1DE United Kingdom
    • +44(0)20 8058 8232
    • service@eubusiness.com

    INFORMATION

    • About Us
    • Advertising
    • Contact Info

    Services

    • Privacy Policy
    • Terms
    • EU News

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2025

    Design and developed by : 

    Type above and press Enter to search. Press Esc to cancel.

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?