Chief Justice endorses European condemnation of attacks on Polish judiciary

Mr Justice Frank Clarke said today that the judiciary strongly supported the statement of the European Network of Councils for the Judiciary, which described the new, lower retirement age for the senior bench in Poland as an attempt by the country’s government to exert control over the judiciary.

The ENCJ said: “The forced early retirement of 27 judges of the Supreme Court, including the President Ms Gersdorf, is a further attempt to bring the judiciary under control of the government.

“It is imperative that judicial independence is respected by governments. A democratic system based on the rule of law can only properly function if judges’ independence is safeguarded.

“Furthermore, judicial independence is critically important in maintaining and enhancing mutual trust between judicial authorities in the EU. Judicial independence also plays a central and indispensable role in ensuring respect for EU law.

“Judges must speak out if judicial independence and the rule of law are threatened. The board of the ENCJ supports the judges of Poland who are fulfilling this duty.”

Speaking before the European Parliament in Strasbourg this week, Polish Prime Minister Mateusz Morawieck said: “Each EU state has the right to shape their legal system according to their own traditions.”

The Judges’ Council of Northern Ireland issued a similar endorsement yesterday.