C-619/18, Commission v Poland

C-619/18, Commission v Poland
Photo by Oleksii Topolianskyi / Unsplash

1. Facts

• A provision in Poland lowered the retirement age of Polish Supreme Court judges from 70 to 65.

2. Outcome

• The Court found this to be a breach of Article 19 of the Treaty on European Union (TEU) alongside Article 47 of the Charter of Fundamental Rights of the European Union.

• It was considered a violation of the principle of the irremovability of judges, which is a key component of judicial independence.

3. Impact and Analysis

• This case differed from the Hungarian situation by taking a more direct approach, using Article 19 TEU as the basis of the procedure.

• It underscored the importance of judicial independence and the principle of irremovability of judges.