Poland’s Supreme Court chief justice asked 23 of the court’s judges to return to work yesterday, 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 years to 65.
The ECJ ordered a temporary suspension of the retirement law on Friday, saying that 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 yesterday 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 one-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.
PiS also argues that, under EU rules, the organisation of the judiciary is a national matter.
Powerful PiS party leader Jaroslaw Kaczynski, widely regarded as Poland’s ultimate decision-maker, said on 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 yesterday.
The ECJ said on Friday that 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 is 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.




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