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His chair came to work, although the Polish president announced that she is now retired
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Anti-government protesters gathered in Warsaw in front of the Polish Supreme Court on Wednesday to demonstrate their support for the rule of law and court president Malgorzata Gersdorf, Polish President Andrzej Duda said yesterday. , adopted by the Justice and Justice party in power, is retiring today from the President of the Court.
However, Gersdorf came to work today. Before joining the Supreme Court building, she thanked the crowd, who chanted "The judges can not be fired" and "Constitution!". Gersdorf recalled that, according to a constitution, his tenure is six years and continues until in 2010
"My presence here does not mean that I engage in politics, I do all that to protect the rule of law, "said Gersdorf. Press France. "I am doing all this to show where the boundary between the constitution and the violation of the constitution lies," she added, hoping that the rule of law would be restored in Poland
Gersdorf said that the legislation pbaded was unconstitutional and could not be enforced. His critics say that it is part of the executive's efforts to take control of the judiciary, reported Reuters
Reform of the Polish Supreme Court – subject to a strong confrontation between the Polish conservatives and the European Commission – provides for the retirement of judges over 65, according to the French press
This measure, which came into force last night at midnight, concerns 27 magistrates including Malgajat Gersdorf, president of the tribunal
this reform and allows judges to continue to perform their duties if they so wish. They must send a request to the Polish President, accompanied by a medical certificate, that they are in good health. The President will have the opportunity to make his decision before September without having to give reasons.
Sixteen of the 27 judges have already filed such applications and there is a risk that their situation may not be clear for several weeks. Although they criticize the reform, these magistrates believe that it is their duty to continue serving the country, explained yesterday the President of the Supreme Court, Michal Laskovski.
The remaining eleven judges did not ask for their extension, but some of them whoever makes a decision in person) could invoke his status of irremovability enshrined in the constitution to continue working
Thus, the Supreme Court may have arrived at a vague situation similar to that of the Constitutional Court some time ago. Then various parliamentary configurations (before and after the elections of October 2015) voted contradictory provisions and the court had for months too many judges whose powers were challenged by each of the parties
The President's case The Supreme Court is separated because it has a six-year term on a constitution. Referring to this legal situation, Ms. Gersdorf refused to resign
The president of the court said that he would resist the government's attempts to be removed from office under the new rules on retirement and to take action The first president of the Supreme Court in Poland is appointed by the president who elects among the five candidates nominated by a vote of the General Assembly of Supreme Judges. However, a general meeting can only be convened if others have been appointed in place of most retired judges.
The reform was pbaded in December 2017, and amendments were adopted in April of this year.
Duda announces the retirement of the President of the Supreme Court
Last night, Polish President Andrzej Duda confirmed that according to the law adopted by the ruling party "Law and Justice" the President of the Supreme Court of Malgwahat Gersdorf leaves the pension on 4 July
The President informs without ambiguity that under the law of the Supreme Court, judges over 65 are obliged to retire
Then to Warsaw and elsewhere ( 19659004) Between 4,000 and 5,000 people gathered last night in front of the Supreme Court building in the capital to support the President of the Court and other judges who challenged judicial reform
The demonstrators chanted "Courts libres!" and
Protests also took place in Gdansk, Krakow, Lodz, Katowice and Wroclaw
Supreme Court Chief Malgwahat Gersdorf came to thank the protesters in Warsaw and was applauded when he said again that Prime Minister protects EP right to build his own judicial system
Every country has the right to build its own judicial system, said Polish Prime Minister Matouš Moravecký at a plenary session of the European Parliament in Strasbourg. , DPA reported oyters.
"respects national identity is part of the trust to be built in the EU. Every country has the right to establish its legal system in accordance with their own traditions, "Moravetski said. "National parliaments are the voice of the sovereign and the circulatory system of democracy," said Prime Minister, stressing that in Poland there is "a unity in diversity" and that it should not to be an empty slogan
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Reforming the country's judiciary, despite the numerous protests from the EU, the Polish government has responded to the expectations of its society, he said.
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