Poland’s early retirement order for judges broke EU law

POLAND broke European Union law when it tried to change judges’ retirement ages, the European Court of Justice (ECJ) ruled yesterday, in the latest twist in the ongoing battle between Warsaw and Brussels.

Polish judges had resisted the early retirement orders, accusing the government of trying to replace independent magistrates with loyalists.

The ECJ said the reforms – lower ages for judges and different ages for male and female justices – “were contrary” to EU rules on gender non-discrimination and pay and pensions.

It said a proposed law giving the justice minister sole discretion on extending a judge’s service called into question the judiciary’s independence.

The European Commission is at loggerheads with Poland’s ruling Rightwing Law and Justice party over its drift towards an autocratic rule that ditches EU democracy standards, judicial independence and the rule of law.

Should Poland fail to align itself with the ruling, the commission could request the court to levy large, daily fines that could run to millions of euros.

Warsaw argued the reforms were a “sovereign decision” needed to tackle corruption and change a Communistera system, and said the law had been amended last year to standardise retirement ages of men and women.

A month ago, the commission took Poland’s government to court over a new regime for judges that allegedly threatened their independence.

Last week, an ECJ adviser warned in a preliminary legal opinion that Warsaw broke EU law by refusing to take in Eu-mandated quotas of refugees.