The EU has little authority over national judiciaries and should allow Poland to control its own courts, according to a leading Polish legal expert.
The European Court of Justice’s (ECJ) interest in Poland’s judiciary is in direct conflict with European treaties that explicitly state that the judiciary is the exclusive competence of the governments of EU member states, argues professor Tomasz Grosse.
According to the verdict of the ECJ issue on Tuesday, Nov. 5, Polish regulations with regard to the retirement age of judges that were introduced in 2017 are contrary to EU law.
The Polish Ministry of Foreign Affairs believes that the changes did not come into conflict with judicial independence and points to the fact that the law in question was amended in 2018 anyway.
According to professor Grosse, the European court has ruled that not all the regulations that were under review by the ECJ have been changed. The ECJ’s verdict is therefore designed to tackle the entire issue regarding judiciary matters in the EU and force Polish authorities to adjust legislation.