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In Poland reform of the judiciary contradicts, according to the expert EU law

More than 20 Polish judges had been sent due to the reform of the judiciary against their will in retirement. A CJ-reviewer sees it as a threat to judicial independence.

The controversial forced retirement of judges in Poland is contrary to the view of a renowned EU expert, is in violation of EU law. The Reform violates both the principle of the Irremovability of judges as well as their independence, was Evgeni Tanchev, one of the eleven advocates General of the European court of justice in Luxembourg.

The Polish judge Malgorzata Gersdorf was retired after the reform of the judiciary forced.

added request for a preliminary injunction of the ECJ, the judges had their work in the past year. The Polish government repealed the law in question provisionally. Specifically, it is a law, with the Poland's national-conservative government party law and justice (PiS), the retirement age of Supreme judges from 70 to 65 years had reduced.

the Reform as a weapon against unpopular judge?

critics accused the government that it wants to get rid of the Reform of the unpopular judge. More than 20 lawyers were sent by the Reform in the retirement. A possible extension of the Retirement of the judges concerned had to be approved as a result of the Reform of the President Mr Andrzej Duda. The for the prosecution of breaches of EU law, the competent EU Commission saw the independence of the judiciary threatened and complained against the law to the ECJ.

Tanchev stressed now, the non-deductibility of the judges is an essential guarantee of their independence. He complained that the Reform was appropriate, the Supreme court and its judges in the outer interference and the pressure of the President to suspend.

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