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CJEU C-619/18 / Opinion

European Commission v Poland

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
11/04/2019

Key facts of the case:

Failure of a Member State to fulfil obligations — Article 258 TFEU — Article 7 TEU — Rule of law — Article 19(1) TEU — Principle of effective judicial protection — Principles of independence and irremovability of judges — Charter of Fundamental Rights of the European Union — Articles 47 and 51 — National measures lowering the retirement age of Supreme Court judges in office — Absence of a transitional period — National measures granting the President of the Republic discretion to extend the active mandate of Supreme Court judges

Concluison:

In the light of the foregoing considerations, I propose that the Court should:

(1)      declare that by lowering the retirement age of the judges of the Supreme Court and applying it to judges appointed to that court before 3 April 2018, and by granting the President of the Republic the discretion to extend the period of judicial activity of Supreme Court judges, the Republic of Poland failed to fulfil its obligations under the second subparagraph of Article 19(1) TEU;

(2)      dismiss the action as to the remainder;

(3)      order the Republic of Poland to bear its own costs and to pay the costs of the Commission;

(4)      order Hungary to bear its own costs.