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Legal dispute over the constitutionality of polish regulations and their effects after the amendment of he provision on reaching the retirement age by the judges of the polish supreme court

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Świątkowski A. M.

The Lawyer Quarterly

2019

vol. 9

issue 3

185-196

The Constitution of the Republic of Poland clearly states in article 180 (1) that “Judges are irremovable”. Irremovability, next to independence, is a guarantee of impartiality of courts, defined in the Constitution of the Republic of Poland as “a separate authority, independent of other authorities” (Article 173). The previous Act on the Supreme Court of 23 November 2002 also established the rule of retirement of a judge after reaching 70 years of age. On 4 July 2018, the Act of 8 December 2017 on the Supreme Court came into force. It lowers by five years the age at which judges of the Supreme Court retire (leave service) (Article 37 § 1). The age after reaching which there occurs an automatic - at the will of the legislature - change in the status of the judge from active status to the state of non-performance of duties may be legitimately called a “retirement age”. The executive and political power again obtained legally accepted influence on the selection of judges. This scenario is again being implemented by the currently ruling political party and state authorities, legislative and executive

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1 The Lawyer Quarterly

1 2019

1 Świątkowski A. M.

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Legal dispute over the constitutionality of polish regulations and their effects after the amendment of he provision on reaching the retirement age by the judges of the polish supreme court