Can the EU Ensure Respect for the Rule of Law by Its Member States? The Case of Poland

On October 19, 2018 the Court of Justice of the European Union (ECJ) issued an order for provisional measures in the context of the infringement procedure brought by the European Commission against Poland on 2 October 2018, in relation to a Polish Law lowering to 65 years the retirement age of judges at the Supreme Court. This essay first examines the substantive grounds of the action for failure to fulfil obligations directed against Poland (at the time of writing, still to be determined by the Court pursuant to the expedited procedure). It then discusses the pre-conditions for interim relief, the provisional measures ordered by the Court and possible scenarios in case of non-compliance. It finally focuses on the parallel developments under the Rule of Law Framework and the Art. 7(1) TEU procedure and offers some reflections as to the intertwined relationship between law and politics in the EU, when its very founding values are seriously challenged from within..