Poland’s Supreme Court on Thursday suspended the application of a law forcing the early retirement of older judges and turned to the European Court of Justice to rule on whether recent changes to the court’s functioning violate EU rules.
The move pulls the EU’s top court into the midst of an ongoing constitutional battle in Poland, where the ruling Law and Justice party has been accused of revamping the judicial system to bring it under tighter political control. The party says the steps are needed to cleanse the justice system of corruption and ties to the old communist regime.
One of the measures passed last month imposes a retirement age of 65 on Supreme Court justices, suspending about 40 percent of its judges including its president, Małgorzata Gersdorf.
Judges wanting to stay on past that age are supposed to ask permission from President Andrzej Duda, something most have refused to do, saying it weakens the independence of the judiciary.
Gersdorf has also refused to comply, arguing the measure violates the Polish constitution, which gives her a six-year term ending in 2020.
The court suspended the retirement age provisions and sent five questions to the ECJ on whether the retirement law is in line with the EU’s rules.
The decision means that steps to impose the new rules should be suspended “until the issues presented in the questions are resolved,” court spokesman Judge Michał Laskowski told reporters in Warsaw. That could take months.
Duda’s office said that the Supreme Court acted improperly and its decision “will have no consequences for the president or any other body.”
The ECJ has already dealt with the growing disquiet about the state of Poland’s courts. In July it responded to a query from an Irish court on the independence of the Polish judicial system by saying foreign courts have to assess whether suspects face the risk of an unfair trial if they are extradited to Poland.
Thursday’s step further embroils the EU in Polish affairs.
In December, the European Commission launched so-called Article 7 proceedings against Poland over changes to the judicial system. The process could result in the country losing its voting rights as an EU member.
This article has been updated with President Duda’s reaction.