EU court orders Poland to reinstate Supreme Court judges
Legal Issues
The European Union's top court ordered Poland on Friday to immediately stop applying a law that lowered the retirement age for Supreme Court judges, forcing some 20 off the bench.
The interim injunction from the European Court of Justice also obliges EU member Poland to reinstate the judges who had to retire early after the law took effect in July. It lowered the age limit for Supreme Court service from 70 to 65.
The powerful leader of Poland's conservative ruling party, Jaroslaw Kaczynski, said Poland would observe EU law, but not whether the government would comply with the order. He also said the government would do all it could to "defend our state interest."
The European Commission, the EU's executive branch, asked for the injunction while the Court of Justice considers its challenge to the age cap as a violation of EU laws on judicial independence and the right to a fair trial. A ruling in the main proceedings is expected later.
Supreme Court judges, arguing the forced retirements are an infringement of Poland's Constitution, also have sought the European court's opinion.
Kaczynski's Law and Justice party has made overhauling the judicial system a key focus since it came to power in 2015. The government maintains that removing justices who were active during Poland's communist era will make the courts more efficient and fairer.
Among the evidence Court of Justice Vice President Rosario Silva de Lapuerta cited in the order was "a profound and immediate change in the composition of the Supreme Court" since the disputed law went into force. Along with the retirements, an increase in court seats from 93 to 120 created more than 44 vacancies, and President Andrzej Duda has filled at least 27 of them, Lapuerta said.
Related listings
-
Court to hear case over ID of Texas execution drug supplier
Legal Issues 10/18/2018The Texas Supreme Court has reversed itself and granted the state's request to review a case dealing with the disclosure of an execution drug supplier that officials have fought for years to keep secret.The Texas Supreme Court on Friday approved the ...
-
Juvenile waived to adult court in Indy doctor's slaying
Legal Issues 09/14/2018A juvenile has been waived to adult court to face charges in the fatal shooting of an Indiana University doctor and educator last year.Online court records say 16-year-old Tarius Blade faces three felony burglary charges in the Nov. 20, 2017, slaying...
-
Appeals court won't block ruling on candidate party label
Legal Issues 08/24/2018North Carolina Republicans have been dealt another setback in their efforts to remove a state Supreme Court candidate's party affiliation from the ballot.The state Court of Appeals declined Monday to hear the request of GOP legislative leaders to blo...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child. Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.