The supreme judge of Poland ignores forced retirement | TIME ONLINE



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Warsaw (dpa) – Following the recent reform of the judiciary, Poland is experiencing a power struggle between the government and the president of the Supreme Court. Judge Malgorzata Gersdorf resisted her forced early retirement on Wednesday and appeared to work.

In the European Parliament, members of the main factions attacked Polish Prime Minister Mateusz Morawiecki, criticizing the reform of the judicial system. However, the head of the government insisted that Poland should be able to shape its legal system by its own means.

Poland has been in conflict with the European Commission for more than two years about the reforms proposed by the conservative party PiS. The Brussels authority, responsible for the respect of EU treaties, fears the independence of the judiciary and the separation of powers. It was only this week that he initiated another case of violation of Community law against Warsaw .

The reform concerns the mandatory early retirement of Supreme Court justices against whom President Gersdorf is rebelling. She insists on the judge's six-year term, which allows her to remain in office until 2020. "I am a defender of the rule of law," said the 65-year-old lawyer. "I will continue to be the judge."

According to a law enforced by the PiS, in effect since Wednesday, judges of the Supreme Court should retire at the age of 65 instead of 70 years. This concerns 27 of the 72 judges. If you want to stay in power, you must apply to President Andrzej Duda. Government critics warn that it will release the PiS in Poland hated judges. Around 1500 people demonstrated Wednesday against the controversial law in Warsaw. Some chanted, "Avoid the dishes!"

The European Parliament, where Mr Morawiecki delivered a speech on the future of the EU on Wednesday, also received severe criticism. "Do not destroy the democratic culture in your country!" Asked the leader of the Social Democrats, Udo Bullmann (SPD). "Why is your government rejecting judges for their political opinion?" Asked Christian Democrat leader Manfred Weber (CSU). Valdis Dombrowskis, Vice President of the European Commission, said in the debate: "If the rule of law is systematically threatened, then we can not close our eyes, we can not say that it is a purely problem national."

Morawiecki rejected the criticism. The judges in his country could work more independently today than before the reforms, he said: "Poland is a proud country, please do not give us any lessons! " In his European speech, he also insisted on the independence of the EU. "Respect for national identities is one of the pillars of the European Union," said Morawiecki. "Every country has the right to shape its legal system according to its traditions".

Morawiecki emphasized the constructive role that Poland wants to play in the EU. But one must not get involved in the "fateful visions" of a European super-state. On the contrary, the EU is an "intergovernmental experience" that seeks solutions that nation-states can not alone.

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