Poland must immediately suspend the application of the

CNN The European Union's highest court ordered Poland to "immediately suspend" the application of a controversial law, which lowered the retirement age of its Supreme Court judges, in a ruling Friday.

More Videos Head of Poland's Supreme Court defies government The "Law on the Supreme Court," which came into force on April 3, mandated that all Supreme Court judges over the age of 65 retire, pushing 27 of the 72 judges off the bench. The government, led by Prime Minister Mateusz Morawiecki, insisted that the measures were needed and were put in place to strengthen democracy.

But critics of the law say the move eroded the rule of law, and that its so-called reforms were intended to give Morawiecki's right-wing Law and Justice party PiS control of the judiciary.

The measure was met by protests across the country and further escalated tensions between the European Union and Poland's government. Read More.

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In July, the European Commission, which is the politically independent executive branch of the EU, issued a Letter of Formal Notice to Poland, setting out its concerns about judicial independence. It argued that the law is "incompatible with EU law as it undermines the principle of judicial independence," and said that its implementation could lead to "serious and irreparable damage" to the European Union's legal order.

In August, Poland replied to the letter, rejecting the Commission's concerns. More letters were sent between Poland and the Commission, but they failed to alleviate the Commission's concerns. Warsaw wants her out. But Poland's top judge says she's staying put. In addition to suspending the application of the law, Friday's ECJ ruling also ordered Poland to reinstate the Supreme Court justices who had already been forced to step down.

Prime Minister Mateusz Morawiecki said the government had received the decision. Malgorzata Gersdorf, the year-old head of Poland's Supreme Court who had refused to step down after the law was implemented, said Friday she was happy with the EU court's ruling.

But I am not happy that the Polish government -- the government of my country, my homeland -- has not done it before and that we have to stand in the European Tribunal," Gersdorf told local media including the Polish Press Agency. She previously told CNN in September that the government's judicial reforms were "dangerous" to democracy in a country already in "friction" with the rest of Europe.

The ECJ said the decision was an interim ruling and that it would deliver a final judgment on the case at a later date. Poland faces financial penalties if it does not comply with the judgment, it said.The European Union's highest court ruled on Monday that Poland must "immediately suspend" a law that forces The European Union's highest court ruled on Monday that Poland must "immediately suspend" a law that forces Supreme Court judges over age 65 to retire.

Critics of Poland's right-wing Law and Justice party, known as PiS, led by Prime Minister Mateusz Morawiecki, said the law was an attempt to take greater control over the judiciary.

poland must immediately suspend the application of the

In the Law on the Supreme Court, which was introduced in April, the retirement age of Supreme Court judges was lowered from 70 to 65 -- a move pushing 27 of the 72 sitting judges off the bench. The measure was met by protests across the country and further escalated tensions between the European Union and Poland's government. In October, the European Union Court of Justice, or ECJ, implemented an interim ruling to scrap the law, and on Monday it upheld that decision until the court can make a permanent one next year.

While the final court ruling is due next year, the European Commission felt it necessary to ask the ECJ for interim measures to be applied because the ruling might come too late for the damage to be reversed, a spokesperson for the court said. Other interim measures in the order include taking "all necessary measures to ensure that the Supreme Court judges concerned by the provisions at issue may continue to perform their duties in the same post" and "refrain ing from adopting any measure concerning the appointment of judges to the Supreme Court to replace the Supreme Court judges concerned by those provisions," according to an ECJ statement.

EU court tells Poland to 'immediately suspend' law forcing judges into retirement. Posted: Dec 18, AM.

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Rome firefighter arrested for alleged domestic incident. Storm leaves hundreds without power. White sheet removed from Christopher Columbus Statue in Utica. List of potential exposures in Oneida County for October A diabetes drug has been recalled because it contains high levels of cancer-causing agent. Nexus contractor sues Oneida County, auditorium authority, for payment. Local coronavirus numbers for October Grieving daughter to lead Albany rally for nursing home visitation change.Luxembourg AFP - Poland on Monday bowed to a ruling by the EU's top court ordering it to suspend a law that had lowered the retirement age of its Supreme Court judges amid concerns about judicial independence.

Polish President Andrzej Duda signed the legislation reversing the retirements on Monday evening, with only hours to spare before a midnight deadline set by Polish law. On November 21, Poland's parliament passed the legislation bowing to the initial EU court ruling. The European Commission, the EU's executive arm, has been locked in a bitter battle over sweeping judicial changes introduced by Poland's right-wing Law and Justice PiS government since it took office in The showdown has led the EU to trigger unprecedented proceedings against Poland over "systemic threats" to the rule of law that could eventually see its EU voting rights suspended.

On October 19, the court ordered Poland to suspend the law "pending the making of an order closing the interim proceedings". The court, which upheld the interim measures on Monday, is expected to make a permanent decision in the case next year. Search News Search web. Our goal is to create a safe and engaging place for users to connect over interests and passions. In order to improve our community experience, we are temporarily suspending article commenting.

What to Read Next. NBC News. Best Life. CBS News. Yahoo Sports. Good Morning America. Yahoo Life. Yahoo News Video. Yahoo News Photo Staff. Yahoo News The New York Times. Yahoo Music. Yahoo Celebrity.The EU's top court has ordered Poland to "immediately suspend" the application of its law which lowers the retirement age of Supreme Court judges.

The European Court of Justice upheld the request by the European Commission and the head of Poland's ruling party said it would comply with the decision. But Warsaw argues the reforms, which lower the retirement age from 70 to 65, make the court more efficient. The Luxembourg-based court ordered Poland to immediately reinstate the Supreme Court judges who have been forced to retire since the new law came into force in July. The ECJ said its decision was an interim measure in response to a European Commission request, and a final ruling would be issued at a later date.

Poland has yet to make a submission in the case. About a third of the judges have stepped down, but Chief Justice Malgorzata Gersdorf - who is also affected by the changes - is refusing to quit, saying the Polish Constitution guarantees her a six-year term. Opponents say the governing Law and Justice PiS party will use the law to appoint new judges loyal to the authorities.

The conservative government denies the accusations, saying the country's judiciary was not properly reformed after the end of communism in After Friday's order, Prime Minister Mateusz Morawiecki has said "several possibilities will be analysed" - without giving details. The European Commission was so alarmed about the law's damage to Poland's judicial independence that it asked the court to impose interim measures before the case has even been heard.

Jaroslaw Kaczynski, widely considered the country's most powerful politician, insisted Poland would exercise its right to appeal. In fact Poland has no such right to appeal. What it will most likely do is argue that the changes do not contravene EU law, as the European Commission alleges, once the court hears the case.

Poland bows to EU court reversal of Supreme Court retirements

Mr Kaczynski did not make it clear whether the retired judges would be reinstated in the meantime, as the court ordered, or only after the final ruling should it lose.

However, they will mostly fill positions in two newly-created Supreme Court chambers, rather than replace the retired judges, which could make it simpler to reinstate the latter. Poland referred to European court over judges' forced retirement. Poland judiciary reforms: EU takes disciplinary measures.

Polish judges law: EU steps up row over retirement rule. Bialowieza forest: Poland broke EU law by logging. Polish media laws: Government takes control of state media. The Polish government has been accused of trying to appoint loyal judges. Poland has clashed with EU bodies in recent months over a number of issues. What did the ECJ ruling say? Fines could be imposed if Poland is found in breach of EU law.

Poland's top judge defies retirement law Poland referred to EU court over judge 'purge' Poland broke EU law in ancient forest. How did the Polish government react? The judicial reforms triggered mass street protests across Poland.The pleas of fact and of law put forward by the Commission justify the grant of interim measures.

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Taking the view that, by adopting the new disciplinary regime for judges, Poland had failed to fulfil its obligations under EU law,[1] on 25 October the Commission brought an action before the Court of Justice.

After those judgments, the Izba Dyscyplinarna continued to perform its judicial functions. K and Others, and 3 to communicate to the Commission, at the latest one month after notification of the order of the Court of Justice imposing the requested interim measures, all the measures that it has adopted in order comply in full with that order. Moreover, the Commission reserved the right to submit an additional request seeking that payment of a fine be ordered were it to be apparent from the information notified to the Commission that Poland had not complied in full with the interim measures ordered following its request for interim relief.

In the order delivered today, the Court first rejects the arguments of Poland as regards the inadmissibility of the application for interim relief brought by the Commission. In particular, as regards its jurisdiction to order the interim measures at issue, the Court points out that, although the organisation of justice in the Member States falls within the competence of those Member States, the fact remains that, when exercising that competence, the Member States are required to comply with their obligations deriving from EU law.

EU court orders Poland to halt court retirements law

It is thus for each Member States to ensure that the disciplinary regime applicable to judges of the national courts which are part of their system of legal remedies in the fields covered by EU law complies with the principle of the independence of the judiciary, inter alia by ensuring that the decisions delivered in disciplinary proceedings brought against the judges of those courts are reviewed by a body which itself satisfies the guarantees inherent in effective judicial protection, including that of independence.

In those circumstances, the Court has jurisdiction to order interim measures for the suspension of application of provisions concerning the powers of the Izba Dyscyplinarna so far as concerns the disciplinary regime for judges.

Next, it recalls that the interim measures may be ordered by the court hearing the application for interim relief only if 1 it is established that granting such a measure is justified, prima facie, in fact and in law fumus boni juris and 2 those measures are urgent in that it must be necessary, in order to avoid serious and irreparable harm to the interests of the EU, represented by the Commission, that they are made and produce their effects before the final decision is reached.

The court hearing the application for interim relief must, where appropriate, also weigh up the interests involved. First, in respect of the condition in relation to the existence of fumus boni juris, the Court points out that that condition is met where at least one of the pleas in law relied on by the applicant for interim measures in support of the main action appears, prima facie, not unfounded.

In the present case, without ruling on the merits of the arguments relied on by the parties in the action for failure to fulfil obligations, the Court finds that, having regard to the facts to which attention has been drawn by the Commission and to the criteria for interpretation provided, in particular, by the judgment of 24 June [7] and by AK and Others.

Secondly, as regards the condition in relation to urgency, the Court notes that purpose of proceedings seeking interim relief is to guarantee the full effectiveness of the future final decision, in order to ensure that there is no lacuna in the legal protection afforded by the Court. For the purpose of attaining that objective, urgency must be assessed In the light of the need for an interlocutory order in order to avoid serious and irreparable harm to the party seeking the interim protection.

In the present case, the Commission submits that the application of the national provisions at issue until delivery of the final judgment may cause serious and irreparable harm with regard to the functioning of the EU legal order. In those circumstances, the Court takes the view that the urgency of the interim measures applied for by the Commission is established. Thirdly, the Court examines whether a weighing-up of the interests supports the grant of the interim measures applied for by the Commission, It observes that granting those measures would entail neither the dissolution of the Izba Dyscyplinarna nor, accordingly, the removal of its administrative and financial services, but solely the provisional suspension of its activity until delivery of the final judgment.

Moreover, inasmuch as granting those measures would mean that the processing of cases pending before the Izba Dyscyplinarna must be suspended until delivery of the final judgment, the harm resulting for the individuals concerned from the suspension of those cases would be less that that resulting from the examination of those cases by a body, namely the Izba Dyscyplinarnawhose lack of independence and impartiality cannot, prima facie, be ruled out.

In those circumstances, the Court takes the view that a weighing-up of the interests in the present case points towards granting the interim measures applied for by the Commission. Skip to content views. Is there a risk for companies to be exposed to criminal investigations for non-complying with the measures implemented by the authorities?They can invest in ways not many other gambling companies do with market leading promotions such as the bet365 in-play offer.

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Poland must stop 'retiring' Supreme Court judges, EU's top court says

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