Polish Supreme Court (SN) has sent five questions to the Court of Justice of the European Union (CJEU) and asked for a preliminary ruling. The questions concern the provision of the Supreme Court law regarding sending judges aged 65 or older to retirement, including the court's president Małgorzata Gersdorf. The SN issued a resolution suspending the execution of the questioned law until the CJEU passes its ruling. Polish Judiciary Council responded with a statement that it's not going to submit to the resolution.
The National Council of the Judiciary (KRS) has issued a statement saying that it "won’t submit to the ruling of the Supreme Court", despite the the fact that it is bound to do so by the Constitution.
"It (the KRS) protects the courts and the independence of the judges", said Supreme Court spokesperson Michał Laskowski.
"It’s hard to claim to be protecting the independence of courts and at the same time ignoring proceedings and rulings of other judges," added Mr Laskowski.
The Council’s statement wasn’t an effect of any kind of resolution and only a simple communique was sent to the Polish Press Agency (PAP).
"The Council is a collegial body, meaning that in order to make a statement, all members should be convened and a resolution should be voted on by them," said Borys Budka, a Civic Platform's MP.
However, the statement was issued without a vote. A very important statement, saying that it was impossible to suspend procedure regarding three judges who applied to continue presiding in the court despite turning 65 years old.
Their request was rejected by the KRS and the opinion was sent to the president in July, before the Supreme Court’s decision to suspend the law regarding the forced retirement of judges.
"These opinions have already been sent but the KRS should not take any other measures," said Dr Bogna Baczyńska, a constitutionalist from the Szczecin University. The judiciary council is yet another institution that criticises the ruling of the Supreme Court. The first insitutuion to do so was the Chancellery of the President.
"This ruling may lead to absurd situations. Any court, giving any verdict will be able to suspend any bill or part of it," said the spokesperson for the President, Krzysztof Łapiński.
"You can’t expect a judge to apply law that is unconstitutional and incompatible with the European law," said Dr Baczyńska.
The Supreme Court points out that until the ECJ issues its verdict, all institutions should suspend any proceedings regarding the retirement of judges. "The SN cant play the part of legislative power. It’s causing anarchy in the public life," said Wojciech Skurkiewicz, an MP from Law and Justice.
"If Law and Justice’s politicians are so confident they shouldn't be afraid of the ECJ ruling," said Modern Party's Kamila Gasiuk-Pihowicz.
According to lawyers, the Supreme Court not only could, but had to suspend the judge retirement law. There already was a similar precedent case in the history of the European Union.
"Great Britain was explaining that they couldn't suspend a law because this type of legal action was not mentioned in the British legal sysytem. The ECJ ruled that they still had to suspend the given law," Dr Baczyńska explained.
The ECJ might answer the questions sent by the Polish court faster, thanks to a special accelerated procedure. Whether the European court chooses this procedure, will be known in the beginning of September.
Autor: gf / Źródło: TVN24 International
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