UN expert welcomes Court’s ruling to reinstate Poland judges

A UN expert today welcomed a decision by the European Union’s supreme court to reinstate top judges who were forced to retire to make way for mostly political appointees of the ruling majority.

“The forceful retirement of judges before the end of their legal terms constitutes a serious blow to the principle of judicial independence, and is a flagrant breach of the principle of irremovability of judges,” said Diego García-Sayán, the Special Rapporteur on the independence of judges and lawyers.

On 19 October, the European Court of Justice issued an injunction reinstating 27 of Poland’s Supreme Court judges over the age of 65 who were ordered to retire under a law enacted in July. Previously, the retirement age was 70. “I trust that the Government will fully implement the Court’s decision,” said the mandate holder.

“I am very worried about the far-reaching adverse effects that some aspects of the judicial reform is having – and will have – on the independence of Polish courts and tribunals,” said García-Sayán.

Replacements for judges who were forced to retire early have been appointed on recommendation of the newly constituted National Council of the Judiciary, largely dominated by the political appointees of the current ruling majority.

The Special Rapporteur acknowledged that Poland was entitled to reform its judicial system. However, he stressed that the main effect — if not the main goal — of the measures adopted by the ruling majority is the weakening of the constitutionally protected principle of judicial independence.

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