Poland must “immediately suspend” the application of its controversial law that lowers the retirement age of Supreme Court judges, the European Court of Justice (ECJ) said in an interim ruling on October 19. The reform paves the way for the populist Law and Justice (PiS) government to overhaul the court’s line-up with loyal judges, critics protest.

The ruling from the ECJ—which serves as the Supreme Court of the EU—came less than 48 hours before Poles head to the polling stations to vote in local elections that could give the so far hapless opposition a chance to chip away at the monolith of PiS power. 

PiS passed the contested law earlier this year, reducing the retirement age of Supreme Court judges from 70 to 65, thus forcing more than one third of the court’s line-up—including its president Malgorzata Gersdorf—into retirement. Gersdorf has described the move as a “purge” and is refusing to quit. About a third of the affected judges have so far stepped down.

The opposition, the EU and international judicial bodies have attacked PiS for passing the law, which, they claim, smacks of a plan to establish political control over Poland’s top court. 

PiS’ position is that an overhaul of the judiciary is necessary to make it more efficient and cleansed of corporatism. The reform triggered massive street protests, landed Warsaw before the judges of the Luxembourg-based ECJ and spurred a probe from the European Commission, with calls for the suspension of Poland’s voting rights in the EU. The Commission was so alarmed by the potential damage the law could cause to the independence of Poland’s judiciary that it asked the court to impose interim measures before the case has even been heard.

Retroactive effect
The ECJ’s order is to apply with retroactive effect to the judges of the Supreme Court affected by the law, the ECJ said.

That means judges forced into retirement should theoretically return to work.

The last frenzied hours of the election campaigning on October 19—before the “election silence” kicks in for the weekend before voting begins on the morning of October 21—saw PiS and the opposition spar over the meaning of the ECJ’s ruling.

“We are going to defend our interests,” PiS chairman Jaroslaw Kaczynski told a campaign rally in the southern town of Zamosc. He added that Poland would appeal the ruling although ECJ’s decisions cannot be appealed. It is likely that he meant that the Polish government will make its argument in full when the full case is finally heard.

The final ruling will come “at a later date,” the ECJ said.

Other party officials said they disagreed with the ruling but dodged giving clear-cut reactions, saying those would come once Poland receives an official document from the ECJ.

The opposition of course hardly minced words.

“The ECJ’s decision means PiS’ lawlessness must stop and the ruling must be enforced immediately. PiS destroyed Poland’s position in Europe but it will not destroy European values shared by Poles,” chairman of the liberal opposition party Civic Platform (PO) Grzegorz Schetyna said on Twitter.