The Association of Judges, “Themis”, fully supports the position of the Supreme Court of 2 August 2018 contained in the order in the case of case reference III UZP 0004/18. In this order, the Supreme Court submitted enquiries to the Court of Justice of the European Union (CJEU) for a preliminary ruling on a fundamental issue, namely the reduction of the retirement age of judges, combined with the interruption of their term of office, which, in the case of the First President of the Supreme Court, is guaranteed by the Constitution.

According to the Association, this activity of the executive and the legislature means their inadmissible interference in the area of the judiciary, grossly breaching the principle of irremovability of judges, which is guaranteed by Article 180 of the Constitution. As this principle is one of the generally recognized guarantees of judicial independence, it is also protected at the level of the European Union. In the situation in which the Polish Constitutional Tribunal has been subjected to political control by the ruling party, it has lost the qualities of independence and impartiality and therefore the only solution that guarantees a reliable assessment of the compliance of the provisions contested by the Supreme Court with the fundamental canons of the rule of law is their subjection to the judgment of the undisputed legal authority, namely the CJEU.

We also fully agree with the assessment of the Supreme Court that only the suspension of the application of the contested provisions can ensure the effectiveness of the CJEU ruling.

We call on the State authorities to fully respect the said order of the Supreme Court and condemn the irresponsible and incompetent statements of the representatives of the National Public Prosecution Office, the Ministry of Justice and the Chancellery of the President of the Republic of Poland, which depreciate its effectiveness. While questioning the right of the Supreme Court to submit an enquiry for a preliminary ruling to the CJEU, these statements undermine our country’s membership of the European Union, as a result of which they are grossly in conflict with Poland’s national interest. The formulation of such statements by representatives of legal corporations should constitute grounds for their disciplinary liability.