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Following European court ruling, Poland reinstates judges forced into retirement

By Ed Adamczyk
Protesters opposing judicial reforms gather at the Supreme Court in Warsaw, Poland, on July 4, 2018. After a European Court of Justice ruling, the right-wing Polish government reinstated Supreme Court members forced into retirement. File Photo by Marcin Kimiecinski/EPA-EFE
Protesters opposing judicial reforms gather at the Supreme Court in Warsaw, Poland, on July 4, 2018. After a European Court of Justice ruling, the right-wing Polish government reinstated Supreme Court members forced into retirement. File Photo by Marcin Kimiecinski/EPA-EFE

Nov. 21 (UPI) -- Poland's government reinstated its Supreme Court on Wednesday after the European Court of Justice demanded it stop removing judges.

The ECJ ordered in October that Poland's ruling Law and Justice party end the practice of forcing judges into retirement. The order came after street protests in Poland over the government's decision in July to lower the judges' retirement age from 70 to 65, forcing many from their positions. The government said the reforms were necessary to make courts more efficient and to remove judges from Poland's Communist era. Critics see the changes as a purge, and a way for the ruling party to expand its power and take political control of the Supreme Court.

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Over 20 judges in Poland's court system, or about one-third of the total, were retired under the legislation and can now return to their positions.

The government's actions have led to a protracted struggle with the European Commission, the legislative arm of the European Union, which has expressed concern over Poland.

The reinstatement decision was made out of respect for the ECJ's ruling, the government said.

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"We are fulfilling our obligations, Justice Minister Zbigniew Ziobro told parliament.

The repeal of the retirement law is a minor victory for those opposing the Law and Justice party. It had already appointed most of the judges on the Constitutional Tribunal, a body which has legislative veto power in the polish government. It also controls the National Council of the Judiciary, the agency that nominates all judges in Poland.

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