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Commission v Poland (2019) (C-192/18) [ECJ] 05.11.19 (Unreported)

Failure of a Member State to fulfil obligations — Second subparagraph of Article 19(1) TEU — Rule of law — Effective judicial protection in the fields covered by EU law — Principles of the irremovability of judges and judicial independence — Lowering of the retirement age of judges of the ordinary Polish courts — Possibility of continuing to carry out the duties of judge beyond the newly set age, by authorisation of the Minister for Justice — Article 157 TFEU — Directive 2006/54/EC — Articles 5(a) and 9(1)(f) — Prohibition of discrimination based on sex in matters of pay, employment and occupation — Establishment of different retirement ages for men and women holding the position of judge of the ordinary Polish courts or of the Sad Najwyzszy (Supreme Court, Poland) or that of public prosecutor in Poland. HELD that Poland had failed to fulfil its obligations under EU law by establishing a different retirement age for male and female judges or public prosecutors and by conferring on the Minister for Justice the power to extend the period of active service of those judges.

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Category: Employment » EC Law; Retirement; Pensions. Area(s) of law: Employment; Pensions.

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