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EU court says Poland's Supreme Court reforms unlawful

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EU court says Poland's Supreme Court reforms unlawful
News

News

EU court says Poland's Supreme Court reforms unlawful

2019-06-25 02:51 Last Updated At:03:30

The European Union's top court ruled Monday that a Polish law that pushed Supreme Court judges into early retirement violates EU law, a setback for Poland's right-wing government but a move welcomed by critics who worried the measure would cause a serious erosion of democratic standards.

In its ruling, the European Court of Justice said the measures breach judicial independence. An interim decision from the court in November ordered the Polish government to reinstate judges who were forced to retire early, about one-third of the Supreme Court's justices.

Poland's law "undermines the principle of the irremovability of judges, that principle being essential to their independence," the Luxembourg-based court said.

There was no immediate reaction from Poland's government, which the court also ordered in November to get rid of legal provisions that had required the judges to leave the bench.

Since the Law and Justice party came to power in 2015, Polish government authorities have increasingly taken control of the judicial system.

The government and president have said they wanted to force the early retirement of the Supreme Court judges as part of a larger effort to purge communist-era judges.

But legal experts say that argument holds no water because most communist-era judges are long gone from the judicial system 30 years after the fall of communism. Many critics believe the true aim is to destroy the independence of the Polish judiciary.

The biggest fear is that the judiciary could become so politicized that those not favored by the ruling authorities could be unfairly charged with crimes and sentenced, essentially deprived of fair hearings. Though a separate court, the Constitutional Tribunal, and other bodies are already under the ruling party's control, many judges have continued to show independence, ruling against the authorities, even the justice minister, in recent cases.

Amnesty International welcomed Monday's ruling, calling it significant for Poland and other EU countries "who think that they can breach human rights with impunity."

The human rights group alleged that "Polish authorities have continued to harass and discipline judges who they presumably considered to be unfavorable to their cause."

In Poland, critics of the government also welcomed the ruling.

"Thank you, European Union, for your defense of rule of law in Poland," tweeted Radek Sikorski, a former foreign minister.

Judge Bartlomiej Przymusinski, the spokesman for an association of Polish jurists, Iustitia, called the ruling "a ray of hope that the rights of citizens will be protected." However, he said judges still faced unwelcome attempts to influence their views and decisions, and praised those who have "not succumbed to political pressure."

The case, Commission v Poland, was brought by the European Commission, the branch of the EU that ensures the bloc's laws and values are respected.

"This is an important ruling in support of the independence of the judiciary in Poland and beyond," the commission said. "The rule of law is a founding pillar of our Union."

PARIS (AP) — French President Emmanuel Macron warned Thursday that Europe could die if it fails to build its own robust defense as Russia’s war in Ukraine rages on, or if it fails to undertake massive trade and economic reforms to compete with China and the U.S.

Macron urged Europeans to become more ambitious in a fast-changing world to face the challenges of war, fierce trade competition, energy scarcity, climate change and increasing authoritarianism.

In a nearly two-hour speech at the Paris’s Sorbonne University, Macron said the Continent is divided and “too slow and lacks ambition” at a time when the 27-member European Union needs to become a superpower, defend its own borders and speak with one voice if it wants to survive and thrive.

“Our Europe today is mortal,” Macron said. “It can die and that depends solely on our choices,” he added. He called on people to make those choices now because, “it’s today that Europe is between war and peace.”

Russia's aggression in Ukraine, now in its third year, is an existential threat and Europe is not armed enough to defend itself when “confronted by a power like Russia that has no inhibitions, no limits,” Macron said.

‘Our ability to ensure our security is at stake," Macron said. “Russia mustn’t be allowed to win.”

France has been an firm supporter of Ukraine in its fight against Russian aggression, and Macron has often clashed with other Western leaders as he has insisted that Europe must stand by the country at any cost. Last month, the French president alarmed European leaders by saying that sending Western troops into Ukraine to shore up its defenses shouldn’t be ruled out.

Referring to trade practices of China and the U.S., Macron said “the two world powers have decided not to respect the rules of global trade” by shoring up protections and subsides while Europe’s industry remains open and is stuck in overregulation.

“Let’s do the same, we are in competition,” Macron said.

Thursday's speech comes ahead of pivotal European Parliament elections.

Macron, a avid advocate of a united and assertive Europe, also rallied support for his centrist Renaissance party ahead of the June 6-9 vote as far-right parties lead the moderate coalitions in the polls. He called for safeguarding the democratic values as the “authoritarian model” that he said was become “more popular” across the Continent.

The French president lost his majority in France’s most influential house of parliament, the National Assembly, after the 2022 election to the far-left coalition and the far-right National Rally party.

The social situation in France remains tense as Paris prepares to host the Olympic Games this summer, amid protests from teachers, police officers, and farmers in recent weeks. The protests follow huge demonstrations last year against Macron’s ultimately successful proposal to rise the retirement age.

Surk reported from Nice, France. AP correspondent Lorne Cook in Brussels contributed.

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron arrives to deliver a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron arrives to deliver a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron delivers a speech on Europe in the amphitheater of the Sorbonne University, Thursday, April 25 in Paris. 2024. French President Emmanuel Macron will outline his vision for Europe as a more assertive global power at the backdrop of war in Ukraine, security, and economic challenges in a speech ahead of pivotal election for the European Parliament in June. (Christophe Petit Tesson, Pool via AP)

French President Emmanuel Macron speaks during a media conference at an EU summit in Brussels, Thursday, April 18, 2024. European Union leaders on Wednesday debated a new "European Competitiveness Deal" aimed at helping the 27-nation bloc close the gap with Chinese and American rivals amid fears the region's industries will otherwise be left behind for good. (AP Photo/Omar Havana)

French President Emmanuel Macron speaks during a media conference at an EU summit in Brussels, Thursday, April 18, 2024. European Union leaders on Wednesday debated a new "European Competitiveness Deal" aimed at helping the 27-nation bloc close the gap with Chinese and American rivals amid fears the region's industries will otherwise be left behind for good. (AP Photo/Omar Havana)

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