Supreme Court submitted five questions to ECJ and requested preliminary ruling

As Mr Michałowski said on Thursday, that with regard to the question of law that appeared in the Supreme Court, the Chamber of Labour Law and Social Security, decided to ask the European Court of Justice for five preliminary rulings regarding "separation of powers and judicial independence as rules of European law, as well as EU law prohibiting age discrimination".

"At the same time, the Supreme Court, in line with the previous rulings of the ECJ, has introduced protective measures and decided to suspend applying the provisions of the Supreme Court law regarding entering retirement age by the Court's judges, both in normal and temporary provisions," said Mr Michałowski.

The latest effective law has forced all the Supreme Court judges aged 65 or older into retirement. However, the judges who expressed their will to remain at the Court and submitted medical results may be allowed to keep their office by the President. Before making a decision, the President asks the National Council of the Judiciary (KRS) for an opinion.

The Supreme Court's spokesperson, judge Michał Laskowski said at a press conference on Thursday that "until the ECJ hands down its resolution, the KRS and the President should refrain from any actions regarding the Supreme Court judges who are 65 or older.

"The judges who didn't express their will to continue serving will most likely retire. However, those who want to remain in the Court, whose applications are being processed, are subject to potential ruling by the ECJ," said Mr Laskowski.

"The Supreme Court is not crossing anything out or removing any provisions from the legal order. The Court only asks a few questions of an independent, international body which, according to EU Treaties, is there to arbitrate disputes," added the spokesperson for the Supreme Court.

Autor: gf / Źródło: TVN24 International, PAP