The EU on Monday launched legal action against Poland over its controversial Supreme Court reforms, firing the latest salvo in a bitter battle between Brussels and the right-wing government in Warsaw.
The European Commission, the bloc's powerful executive arm, said a move to lower the age at which Supreme Court judges must retire from 70 to 65 would undermine judicial independence, breaching Poland's obligations under EU law.
The commission has been in talks with Warsaw about a number of judicial reforms that the European Union says threaten the rule of law in Poland, but they said swift action was needed on the Supreme Court issue.
"While the Polish Supreme Court law has already been discussed in the context of the rule of law dialogue between the commission and the Polish authorities, it has not been satisfactorily addressed through this process," European Commission spokesman Margaritis Schinas told reporters.
The new retirement age, introduced by Poland's Law and Justice (PiS) government, comes into force on Tuesday and would require more than a third of current Supreme Court judges to step down.
"Given the lack of progress and the imminent implementation of the new retirement regime for SC judges, the commission decided to launch the infringement procedure today as a matter of urgency," Schinas said.
In a separate statement, the commission said it took the view "that these measures undermine the principle of judicial independence, including the irremovability of judges.
The PiS government insists the changes are needed to tackle corruption and overhaul a judicial system still haunted by the communist era, but critics including the EU argue they undermine the division of powers and therefore threaten democracy and the rule of law.
In December Brussels triggered unprecedented Article 7 proceedings against Poland over "systemic threats" to the rule of law, which could eventually see Warsaw's EU voting rights suspended.
- 'Unknown territory' -
Poland has a month to respond to the commission's formal announcement, the first stage of a procedure that could end up in the European Court of Justice, the bloc's top tribunal.
The deadline is shorter than would usually be expected in such a case, but the commission said this was "not unreasonable" given that the issue has been under discussion for some time.
Schinas said swift action was needed to "avoid irreparable damage to the independence of the Supreme Court".
Poland's deputy foreign minister Konrad Szymanski said his government would respond "in detail" within 30 days and warned the ECJ would face a "very difficult task".
"Its decision will be very important for the EU because it will define the extent to which EU law can interfere in the autonomy of member states in the way they organise their judicial systems," Szymanski told AFP.
"All member states will follow (this case) with a lot of attention because we will be moving into unknown territory."
Last week Poland defended its contentious reforms in a two-hour meeting of EU states in Luxembourg, but European Commission Vice-President Frans Timmermans, who is leading the EU probe, said it amounted to nothing new.
No decision was made on the Article 7 proceedings. It would require a unanimous vote, and Poland's ally Hungary has said it will veto moves to sanction Warsaw.
Several dozen Polish Supreme Court judges last week vowed to defy the reforms and stay in office after Tuesday, arguing that the government reforms were unconstitutional.
The EU on Monday launched legal action against Poland over its controversial Supreme Court reforms, firing the latest salvo in a bitter battle between Brussels and the right-wing government in Warsaw.
The European Commission, the bloc’s powerful executive arm, said a move to lower the age at which Supreme Court judges must retire from 70 to 65 would undermine judicial independence, breaching Poland’s obligations under EU law.
The commission has been in talks with Warsaw about a number of judicial reforms that the European Union says threaten the rule of law in Poland, but they said swift action was needed on the Supreme Court issue.
“While the Polish Supreme Court law has already been discussed in the context of the rule of law dialogue between the commission and the Polish authorities, it has not been satisfactorily addressed through this process,” European Commission spokesman Margaritis Schinas told reporters.
The new retirement age, introduced by Poland’s Law and Justice (PiS) government, comes into force on Tuesday and would require more than a third of current Supreme Court judges to step down.
“Given the lack of progress and the imminent implementation of the new retirement regime for SC judges, the commission decided to launch the infringement procedure today as a matter of urgency,” Schinas said.
In a separate statement, the commission said it took the view “that these measures undermine the principle of judicial independence, including the irremovability of judges.
The PiS government insists the changes are needed to tackle corruption and overhaul a judicial system still haunted by the communist era, but critics including the EU argue they undermine the division of powers and therefore threaten democracy and the rule of law.
In December Brussels triggered unprecedented Article 7 proceedings against Poland over “systemic threats” to the rule of law, which could eventually see Warsaw’s EU voting rights suspended.
– ‘Unknown territory’ –
Poland has a month to respond to the commission’s formal announcement, the first stage of a procedure that could end up in the European Court of Justice, the bloc’s top tribunal.
The deadline is shorter than would usually be expected in such a case, but the commission said this was “not unreasonable” given that the issue has been under discussion for some time.
Schinas said swift action was needed to “avoid irreparable damage to the independence of the Supreme Court”.
Poland’s deputy foreign minister Konrad Szymanski said his government would respond “in detail” within 30 days and warned the ECJ would face a “very difficult task”.
“Its decision will be very important for the EU because it will define the extent to which EU law can interfere in the autonomy of member states in the way they organise their judicial systems,” Szymanski told AFP.
“All member states will follow (this case) with a lot of attention because we will be moving into unknown territory.”
Last week Poland defended its contentious reforms in a two-hour meeting of EU states in Luxembourg, but European Commission Vice-President Frans Timmermans, who is leading the EU probe, said it amounted to nothing new.
No decision was made on the Article 7 proceedings. It would require a unanimous vote, and Poland’s ally Hungary has said it will veto moves to sanction Warsaw.
Several dozen Polish Supreme Court judges last week vowed to defy the reforms and stay in office after Tuesday, arguing that the government reforms were unconstitutional.
