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European Observer on fundamental right's respect

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Case Law III UZP 4/18 (02/08/2018)

Type: Judgment

Authority: National Courts: Supreme Courts (Poland) - Sąd Najwyższy (Corte Suprema)

Date: 08/02/2018

Subject: The decision of the Sąd Najwyższy (Supreme Court), ordered the preliminary referral to the Court of Justice on the compatibility of national measures aiming at lowering the pension age of judges and making the extension of the working period subjected to the discretionary decision of the government with the principles of an effective judicial remedy, rule of law, independence and impartiality of the judge, irremovableness of judges and non discrimination, as provided for in the Treaty on the European Union, in the EU Charter of Fundamental Rights and in Directive 2000/78/EC on equal treatment in the matter of employment and working conditions: the Court also ordered the suspension of articles 37, 39, 111(1) and 111(1a) of the Act on the Supreme Court, pending the decision of the Court of Justice

Parties: D. Ś.

Original language: Polish

Classification: Equality - Art. 21 Non discrimination - Justice - Art. 47 Right to an effective remedy before a tribunal - Fair trial, public hearing

Text download Polish