EU court says Poland's Supreme Court reforms unlawful

Ethics

The European Union's top court ruled Monday that a Polish law that pushed Supreme Court judges into early retirement violates EU law, a setback for Poland's right-wing government but a move welcomed by critics who worried the measure would cause a serious erosion of democratic standards.

In its ruling, the European Court of Justice said the measures breach judicial independence. An interim decision from the Luxembourg-based court in November ordered the Polish government to reinstate judges who were forced to retire early and to amend the law to remove the provisions that took about one-third of the court off the bench.

The court said the law "undermines the principle of the irremovability of judges, that principle being essential to their independence."

There was no immediate reaction from Poland's government, but the decision is a blow to the ruling authorities, who since winning power in 2015 have increasingly taken control of the judicial system.

The government and president have said they wanted to force the early retirement of the Supreme Court judges as part of a larger effort to purge communist-era judges.

But legal experts say that argument holds no water because most communist-era judges are long gone from the judicial system 30 years after the fall of communism. Many critics believe the true aim is to destroy the independence of the Polish judiciary.

The biggest fear is that the judiciary could become so politicized that those not favored by the ruling authorities could be unfairly charged with crimes and sentenced, essentially deprived of fair hearings. Though a separate court, the Constitutional Tribunal, and other bodies are already under the ruling party's control, many judges have continued to show independence, ruling against the authorities, even the justice minister, in recent cases.

Related listings

  • News attorneys: Opioid distribution data should be public

    News attorneys: Opioid distribution data should be public

    Ethics 05/05/2019

    Attorneys for news organizations argued Thursday that the U.S. public should be allowed to see federal data about how prescription opioids were distributed as the nation’s overdose crisis was worsening.They urged a three-judge panel of the 6th ...

  • India's top court paves way for bars with dancers to reopen

    India's top court paves way for bars with dancers to reopen

    Ethics 01/18/2019

    India's Supreme Court on Thursday paved the way for the reopening of Mumbai's dance bars, which had been a nightlife staple in the country's entertainment capital until they were outlawed six years ago.The court ruled that the bars featuring young wo...

  •  Russian court says bobsledder can keep Olympic titles

    Russian court says bobsledder can keep Olympic titles

    Ethics 01/10/2019

    Russian bobsledder Alexander Zubkov won a Moscow court ruling on Friday that could make it harder for the International Olympic Committee to recover his gold medals.The Russian flagbearer at the 2014 Sochi Olympics was stripped of his two gold medals...

Victorville CA DUI Lawyers - Drunk Driving Defense Attorney

The outcome of a Victorville CA DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.

If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case.

Business News

Surry County Criminal Defense Lawyers. At DiRusso & DiRusso, we have the legal knowledge and experience to protect you. >> read
Canton, MI Criminal Law Attorney Rita White is a metro Detroit area attorney with a focus on criminal defense. >> read