On Monday 2 July, the European Commission finally launched infringement proceedings against Poland over the Polish law governing the Supreme Court, the provisions of which will, from Tuesday 3 July, require 27 out of 72 judges to step down as the retirement age falls from 70 to 65. This measure also applies to the Presidency of the Supreme Court, the term of which, (six years) will be interrupted ahead of time.
Under the new law, existing judges will be able to declare their preference to extend their mandates, which may be granted for a period of three years, renewable once. The decision is a matter for the President of the Polish Republic, with no possibility of legal redress.
The Commission considers that these measures breach the principle of the independence of the judiciary, including the irremovability of judges, it explained on Monday.
The Polish Supreme Court law has already been discussed in the framework of dialogue on the rule of law between Commission and the Polish authorities, but has not been resolved satisfactorily under this process (see EUROPE 12050).
The Commission considers that the consultation - provided for by Polish law - of the National Council of Justice does not constitute an effective safeguard, as it is non-binding and is based on vague criteria. Furthermore, following the reform of 8 December 2017, the Council is now made up of member judges appointed by the Polish Parliament; this runs counter to European standards concerning the independence of the judiciary, the Commission adds.
The Commission has decided to “take urgent action”, explained Commission spokesperson Margaritis Schinas. When asked about the fact that the infringement proceedings were launched on the day before the new law enters into force, he explained that this would make it possible to speed up the course of the infringement proceedings, which consist of a number of stages, up to and including referring the matter to the Court Justice.
Warsaw has one month to respond.
In mid-June, the chairs of the EPP, S&D, ALDE, Greens/EFA and GEU/NGL groups at the European Parliament asked the Commission to launch infringement proceedings (see EUROPE 12041). (Original version in French by Solenn Paulic)