Brevi note sulla causa C-192/18 Commissione europea contro Repubblica di Polonia

The subject of these reflections concerns the sentence issued by the Court of Justice of the European Union relating to the case between the European Commis-sion and Poland, a further chapter of the serious political crisis underway between the latter Member State and the European legal system in 2018 with the activation of the procedure pursuant to art. 7 teu. In particular, the Luxembourg Court last November declared that with the social security reform concerning the judicial judiciary of ordinary courts, prosecutors and of the judges of the Sąd Najwyższy (“Supreme Court”), Poland violated the obligations of art. 157 tfeu and Articles 5 (a) and 9 (1) (f) of Directive 2006/54 / ec of the European Parliament and of the Council of 5 July 2006, introducing a retirement age of 65 years for men and 60 years for women. The Luxembourg Court has also decided that the conferral of discretion to the Minister of Justice to authorize or not the extension of the exercise of the functions of judges of the ordinary courts of Poland beyond of the age set pursuant to the aforementioned article 13, point 1, produced the violation of the obligations incumbent on the Republic of Poland on the basis of the combined provisions of art. 19, paragraph 1, second subparagraph, teu and article 47 of the Charter of Fundamental Rights of the European Union.