Polish judicial reforms broke EU law Repubblika hails landmark judgement

first_img SharePrint The Polish government breached EU law when it lowered the retirement age of its Supreme Court judges, harming their independence the European Court of Justice ruled on Monday.The judgement is expected to have ramifications on Malta’s judicial system.The European Commission took Poland to the European Court of Justice after the Polish government decided to lower the retirement age and apply that new retirement age to judges appointed to the Supreme Court until 3 April 2018. The government also granted the President of the Republic of Poland the discretion to extend the active judicial service of Supreme Court judges.The European Court of Justice ruled that the application of the “measure lowering the retirement age of the judges of the Supreme Court to the judges in post within that court is not justified by a legitimate objective and undermines the principle of the irremovability of judges, that principle being essential to their independence”.Rule of law non-governmental organisation Repubblika in a statement described the ruling as a “landmark case on the independence that is expected of the judiciary in all EU countries.”READ: Watch: “We have respected the court’s decision”; New members of the judiciary sworn inThe NGO had filed a similar case in Malta in April when it asked the court to refer the matter for a preliminary ruling from the EU court. The case was filed a day after Prime Minister Joseph Muscat appointed six new members to the bench despite the opinion issued by the Venice Commission.Mr Justice Mark Chetcuti had already said that the ruling in Commission v Poland will guide the Maltese courts on the issue.Repubblika stated that the ruling by the European Court of Justice should also guide Malta’s government on the independence of the judiciary saying that the government could not continue to ignore the EU treaty.Former Opposition leader and PN leader Simon Busuttil has described the decision as “historic” which will shape the future of the judiciary in Malta too, ending that Malta deserves an independent judiciary too.Today’s historic judgment of the @EUCourtPress will shape the future of the judiciary in #Malta too. Our Prime Minister has FULL discretion to appoint, promote and reward judges and ABUSED his power to capture the judiciary. We too DESERVE an independent judiciary. @repubblikaMT pic.twitter.com/3IcIwD0m39— Simon Busuttil (@SimonBusuttil) June 24, 2019“No reform of this nature was implemented in Malta”Ministry for Justice, Cultura and Local Government highlighted that no legal reform of this nature was implemented in Malta and, on the contrary, the law which was implemented was one which even Simon Busuttil voted in its favour.It noted that thanks to the judicial legislation that was implemented in Malta, an independent organ was created which gives advice to the Government in relation to judicial appointments. He said that this was carried out in order to strengthen laws which have been long implemented regarding the appointment of judicial members.Read more: Malta faces “prevailing ‘law of Omertà’” – Venice CommissionWatch: ‘This Government will implement proposals en masse’ – MuscatVenice Commission suggests creation of independent prosecutorVenice Commission calls for revision of constitutional roles“Perfect laws in the hands of crooks” – Vanni BonelloWhatsApp <a href=’http://revive.newsbook.com.mt/www/delivery/ck.php?n=ab2c8853&amp;cb={random}’ target=’_blank’><img src=’https://revive.newsbook.com.mt/www/delivery/avw.php?zoneid=97&amp;cb={random}&amp;n=ab2c8853&amp;ct0={clickurl_enc}’ border=’0′ alt=” /></a>last_img

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