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The Polish government announced on Tuesday (3) the retirement of the President of the Supreme Court, who refuses to leave the post, a measure provided for in a political judicial reform. Head of the Supreme Court, Malgorzata Gersdorf, has retired under the new law on the judiciary, said the presidency of the republic.
But the magistrate rejected the measure. "Regarding my status as President of the Supreme Court, nothing changes after my meeting with the President of the Republic." "I will work tomorrow because the Constitution establishes my mandate in six years (by 2020) ), "Gerdorsf told the Parliament
To meet with President Andrzej Duda, the judge appointed a Supreme Court judge to replace her" in case of absence, "her spokeswoman said.
According to the reform of the ruling Conservative government, a third of Polish judges
The conflict is not only internal, but operates the Warsaw government, the executive arm of the European Union.
The government is not changing its proposal nor changing its proposal.
Assigned magistrates expect to arrive at work Wednesday, wearing dresses and accompanying Gersdorf
The European executive Me, the guarantor of the treaties, I sent a formal notice on Monday saying that Poland had a deadline to respond.
– Red line –
From Brussels' point of view, there is a "red line" which does not conform to the European Court of Justice (CJEU). should be crossed, even if the judges concerned can ask the President of the Republic to continue working.
The Conservatives reduced the retirement age of five-year-olds to eliminate the judges who began their career before the fall of communism.
This one, the president could not justify his discretionary decision. The measure, which comes into effect at midnight on Tuesday, July 3, affects 27 juts, or more than a third of the total magistrates of the court. Among them, 16 asked the president to extend his term, 11 did not speak, but could try to stay in power, citing their immobility under the fundamental law, which marks the principle of judicial independence .
Conservatives in power consider the reform of the supreme part of an indispensable effort to break with a caste of judges, who consider corrupt and descendants of their communist predecessors.
The central opposition, on the contrary, badesses that the Party of Law and Justice (PiS, situation) seeks to control the judiciary to have complete control of state institutions and violates one of the fundamental principles of democracy, as the separation of powers
The position of the European Commission is in favor of the Polish opposition
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