EU nixes retirement age of judges in Hungary
THE highest court of EU ruled yesterday that Hungary's reduced retirement age for judges constituted unjustified discrimination on the grounds of age.
The European Commission, the EU's executive branch, has taken issue with the actions of the current Hungarian government on a range of issues, including respect for the independence of the judiciary, ensuring the independence of the country's central bank, and protection of press freedom.
The EC questioned whether the sudden change in the mandatory retirement age of judges from 70 to 62 was part of an attempt to erode judicial independence. Hungarian officials said the change was necessary to standardize the retirement age for public employees.
The Court of Justice of the European Union yesterday rejected that argument, ruling that the measure is discriminatory. The court also said that judges had "a well-founded expectation" that they would be able to remain in office until they were 70, and the sudden change left them with no time to plan their retirements.
Hungarian officials said yesterday the government "takes notice" of the ruling, adding it related to regulations already struck down in July by Hungary's Constitutional Court.
In July, the Constitutional Court said in a narrow decision that the forced early retirement of judges was unconstitutional because it violated the principle that they cannot be removed, except in exceptional circumstances - one of the crucial guarantees of their independence.
The European Commission, the EU's executive branch, has taken issue with the actions of the current Hungarian government on a range of issues, including respect for the independence of the judiciary, ensuring the independence of the country's central bank, and protection of press freedom.
The EC questioned whether the sudden change in the mandatory retirement age of judges from 70 to 62 was part of an attempt to erode judicial independence. Hungarian officials said the change was necessary to standardize the retirement age for public employees.
The Court of Justice of the European Union yesterday rejected that argument, ruling that the measure is discriminatory. The court also said that judges had "a well-founded expectation" that they would be able to remain in office until they were 70, and the sudden change left them with no time to plan their retirements.
Hungarian officials said yesterday the government "takes notice" of the ruling, adding it related to regulations already struck down in July by Hungary's Constitutional Court.
In July, the Constitutional Court said in a narrow decision that the forced early retirement of judges was unconstitutional because it violated the principle that they cannot be removed, except in exceptional circumstances - one of the crucial guarantees of their independence.
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