Case: Case C-192/18 – European Commission v. Poland

Descriptors: Courts Independence and impartiality / Setting different retirement age for men and women / Retirement’s age reduction for ordinary court judges  

The European Commission files an appeal for non-compliance against Poland, before the Court of Justice of the European Union, based on two reasons. The first one that, by law reforming the Law on Judicial Organization, Polish State introduced an amendment to change the retirement age of ordinary court judges and the Supreme Court and Prosecutors, from 67 years (for both sexes) to 60 years in the case of women and 65 years in the case of men. The second reason for noncompliance has to do with the reduction, via a law amending the Law on Judicial Organization, of the retirement age of ordinary court judges and the granting, to the Polish Minister of Justice, of the discretionary power to extend the mandate of these judges.

Faced with these claims, the Advocate General asks the Court of Justice of the European Union to declare Poland's noncompliance with its obligations under article 157 TFEU and articles 5.a) and 9.1.f) of Directive 2006/54/CE regarding the application of equal opportunities and equal treatment between men and women principles in matters of employment and occupation by setting a different retirement age for men and women judges of the ordinary courts, the Supreme Court and Prosecutors.

Additionally, it also requests the Court of Justice of the European Union to hold Poland responsible for the breach of its obligations under article 19 TEU by reducing, by law amending the Law on Judicial Organization, the retirement age applicable to ordinary court judge’s and by attributing to the Minister of Justice the discretionary power to extend the active mandate of said judges.

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