The European Court of Human Rights (ECHR) declared on Tuesday that the legislation reducing the retirement age for Polish judges infringes upon their rights. This ruling is set to cast a spotlight on reforms in Poland, especially following the recent national vote. The election marked a significant shift as pro-EU opposition parties secured a majority, signaling a notable transition after eight years of rule by the Law and Justice (PiS) party, which had faced conflicts with Brussels on issues ranging from judicial independence to LGBT rights.
Although the new government has yet to be formed, Donald Tusk, former President of the European Council and leader of Poland’s largest liberal opposition group, Civic Coalition (KO), is a contender for leadership. The incoming parties are expected to confront the challenges of reversing the PiS court reforms, a prerequisite for accessing EU recovery funds.
As per the judicial reform, the decision to allow a judge to continue working after reaching retirement age—60 for female judges and 65 for their male counterparts—hinged on the authorization of the Minister of Justice and the National Council of the Judiciary. The ECHR concluded that this arrangement constituted “arbitrary and unlawful interference in the sphere of judicial independence.”
The court emphasized that judges should be shielded from arbitrary decisions by the legislative and executive branches and that effective protection could only be ensured through oversight by an independent judicial body to verify the legality of disputed measures.
Additionally, the ECHR pointed out that the differentiation in retirement ages between male and female judges contradicted European norms on equal treatment. As a consequence, Poland has been directed to compensate the four applicants, with amounts ranging from 20,000 to 26,000 euros ($27,667) each in damages. The Strasbourg court currently has several dozen cases pending concerning the appointments of Polish judges. Despite multiple past rulings by European bodies on its judiciary and other matters, the PiS government has disregarded them, dismissing them as illegal and politically motivated interference.
