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EU Court: Poland discriminates by dismissing 'troublesome judges'

Iede de VriesIede de Vries
General view of the Kirchberg Plateau in Luxembourg – European Investment Bank ( EIB ) and Law Court

Poland has been condemned by the European Court of Justice for discrimination. The Polish government had attempted to remove 'troublesome judges' by forcing them into early retirement.

According to a controversial Polish law, female judges and prosecutors must retire at 60, while men retire at 65. The European court states that this law violates the equal treatment legislation.

The European Commission has previously initiated proceedings against the undermining of judicial independence in Poland. In June, the EU already won a ruling from the Luxembourg court regarding another unlawful Polish law. The European Commission calls this a significant judgment for the independence of the judiciary in Poland.

Meanwhile, there is great anticipation for a ruling from the European Court of Justice on November 19. On that date, a judgment will be issued on a new Polish government law that allows judges to be punished if they issue politically 'incorrect' decisions. According to the European Commission, this new law poses a major threat to the independence of the Polish rule of law.

In addition to the cases before the European Court, there is also an ongoing so-called Article 7 procedure against Poland. Ultimately, this procedure could lead to the country losing its voting rights. However, unanimity among member states is required for this to happen.

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This article was written and published by Iede de Vries. The translation was generated automatically from the original Dutch version.

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