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Judge Gersdorf does not want to retire
I In Poland, the conflict between supreme judges and the national-conservative government intensifies because of the controversial reform of the judiciary. The President of the Supreme Court, Malgorzata Gersdorf, has refused with other judges the forced retirement of judges decided by the government majority from Wednesday. Demonstrations against forced retirement have been scheduled Tuesday evening and Wednesday before the Supreme Court of Warsaw
After a meeting between Gersdorf and conservative leader Andrzej Duda, the president sent the judge to mandatory retirement despite mbadive protests. Nevertheless, Gersdorf remained adamant: "In my status as President of the Supreme Court does not change anything by the conversation with the President," Gersdorf then told parliamentarians in Parliament. Finally, according to the constitution, its mandate will continue until 2020.
"I will go to work tomorrow," she said. After that, she wanted to go on vacation – during the time of her absence, she had appointed a judge to represent her. According to his office, the same judge also declared Duda interim president of the Supreme Court until the official appointment of Gersdorf's successor.
Before the students of Warsaw University, Gersdorf had already spoken of a "purge" at the Supreme Court. The controversial law will send Wednesday 27 of the 73 judges of the Supreme Court forced retirement. They are over 65 years old; Until now, the age limit was 70 years old. 16 of them asked President Duda to extend their term. It can reject the application without giving reasons. The presidential office pointed out that Gersdorf had not made use of this right.
In addition to Gersdorf, other judges have already announced that they would not accept forced retirement and want to remain in their positions. Tuesday night supporters of Supreme Court judges were waiting for demonstrations. At midnight, the controversial reform comes into effect. Wednesday morning, mandatory retirement judges want to enter the courthouse in protest.
The law, already pbaded by parliament and signed by Duda, is one of the most controversial judicial reforms of the European Commission against the government in Warsaw since 2016. The European Commission criticizes reforms that would restrict The independence of the judiciary and undermine the separation of powers. She had launched a new infringement procedure against Poland on Monday. At the beginning of 2016, for the first time in the history of the EU, Brussels instituted a process of examining the rule of law when Warsaw restricted the EU. Independence of the Constitutional Court. An infringement procedure was initiated in December for a law extending the powers of the Minister of Justice to judicial positions.
Infringement proceedings may, at least in theory, result in the abolition of voting rights at the European level. However, the vote must fall unanimously. Hungary, also a right-wing conservative, has already announced that it will not support sanctions against Warsaw.
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