Updated 7pm with justice ministry response
The Polish government breached EU law when it lowered the retirement age of its Supreme Court judges, harming their independence, the EU's top court ruled on Monday in a judgement expected to have ramifications on Malta's judicial system.
In October, the European Commission took Warsaw to the European Court of Justice (ECJ) for cutting the age at which judges are required to retire from 70 to 65.
The ECJ ruled on Monday that the measures breached the principles of the irremovability of judges and judicial independence, contrary to EU law.
Maltese rule of law campaigners hailed the decision as a landmark judgement as it laid out the level of judicial independence expected in all EU countries, and the applicability of EU law in such matters.
"This judgment will also shape the future of the judiciary in Malta and put a stop to the systematic capture of the last remaining pillar of our democracy," pressure group Repubblika said in a statement on Monday.
The NGO filed a similar case in Malta last April, asking the court to refer the matter for a Preliminary Ruling from the EU court, after the Prime Minister appointed six new members to the judiciary, despite a warning from the Venice Commission to change the system before further appointments.
"In a decree in this case, Mr Justice Mark Chetcuti has already stated that today’s decision will guide the Maltese courts on the question of applicability of the EU treaty in Malta. That guidance is now clear," Repubblika said.
"Today’s decision should also guide Malta’s government with regard to the independence that is expected of the judiciary in Malta. The EU treaty applies in Malta too, and the Government cannot continue to ignore it.
"We hope that the government will learn from this ruling, and will take the initiative to embark on an immediate reform of the judiciary, in particular the current system of judicial appointments and promotions, that encourages abuse."
Former Opposition leader Simon Busuttil tweeted: "Our Prime Minister has full discretion to appoint, promote and reward judges and abused his power to capture the judiciary. We too deserve an independent judiciary."
In a statement, the Justice Ministry appeared to downplay the relevance of the decree to Malta, insisting the country had introduced no laws comparable to the Polish legislation criticised by the ECJ.
Rather, the ministry said, an independent body had been introduced to advise the goverment on judicial appointments.
"This further strengthened judicial appointment laws that had been in place for years and that had been subjected to EU scrutiny when Malta became a full member."
The ministry also denied that the Venice Commission had advised the government to halt further appointments until the system was reformed.
Poland must comply 'without delay'
Last year, Poland's right-wing government suspended retirements in order to comply with an interim ruling from the court in Luxembourg.
Poland is required now to comply with Monday's judgement without delay.
If the European Commission, the 28-nation EU's executive arm, finds Poland has failed to comply with the ruling, it may bring a further case seeking financial penalties, the court said.
The commission has been locked in a bitter battle over sweeping judicial changes introduced by Poland's Law and Justice (PiS) government since it took office in 2015.
The showdown has led the EU to trigger unprecedented proceedings against Warsaw over alleged "systemic threats" to the rule of law that could eventually see its EU voting rights suspended.
(Additional reporting by AFP)