The European Commission has decided to send a Reasoned Opinion to Poland regarding Warsaw’s new law on the Supreme Court, which lowers the retirement age of Court judges from 70 to 65 and puts 27 out of 72 sitting judges at risk of being forced to retire, including the First President of the Court.
The Commission maintains that the new Polish law is incompatible with EU regulations as it undermines the principle of judicial independence, including the irremovability of judges, which places Poland in violation of its obligations under Article 19(1) of the Treaty on European Union read and Article 47 of the Charter of Fundamental Rights of the European Union.
The Commission has carried out a thorough analysis of the Polish authorities’ response to an official Formal Notice sent by the Commission on July 2. After Warsaw failed to properly respond to the Commission’s concerns, Brussels has moved to the next stage of the infringement procedure.
The Polish government now has a month to comply with the Commission’s regulations as enumerated in the Reasoned Opinion. If the Polish authorities do not take appropriate measures, the Commission may decide to refer the case to the European Union Court of Justice.