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WARSAW – Surrounded by hundreds of enthusiastic supporters, the highest justice of the Supreme Court of Poland took a defiant stance on the steps of the courthouse on Wednesday morning and vowed to continue fighting to protect the Constitution and Independence of national courts. Let us stress our commitment to the rules of a democratic state, "said justice, Malgorzata Gersdorf, while journalists and dozens of policemen flocked around her.
Although the government has declared that She was no longer working after a series of The new rules aimed at the judiciary took effect on Tuesday at midnight, the authorities did not prevent her from entering the building, this who at least avoided the image of a 65-year-old mistreated by the police.
new rules lower the age of mandatory retirement of judges from 70 to 65 years old, that could force nearly half of the Supreme Court justices, and they are asking for the establishment of a disciplinary chamber, which raises fear that the Law and Justice party will use the new directive to intimidate them. judges.
Law and Justice, who sought for years s to take the judiciary and resort to authoritarian means to maintain and strengthen its hold on power, it will soon appoint judges to replace those who are now forced to retire.
Jaroslaw Kaczynski, the leader of the party, said that Judge Gersdorf and his followers were "doomed to fail miserably"
"," he told Gazeta Polska in an interview published Wednesday. 19659002] He was also discouraged by the threat of sanctions from the European Union, which he accused of trespassing the sovereignty of Poland's bloc by using their power to "exercise a brutal pressure "on the smallest and weakest.
In the crowd, protesters were holding cardboard shields bearing the word" Konstytucja ", or Constitution, hoping that the document would be the same.
Monday, the European Commission, the Executive Power of the European Union has referred the case to the highest judicial instance of Europe, but Poland has one month to go to work his arguments and any decision may come too late to prevent the ongoing judicial review.
who brought this nation to the brink, and the dramatic impasse from early morning to the courthouse, emphasized how deeply Poland has become divided in recent years.
When Law and Justice came to power, she campaigned against The message found widespread appeal in villages and cities, especially in eastern Poland, where many people felt left behind as the country moved quickly to embrace both Western values. and Western capitalism.
Many of the safety nets that were part of the old Soviet-style system had disappeared, and rapid economic growth was mainly felt in the cities and by the most educated.
The emotional appeal lies in his nationalist rhetoric and his frequent recollections of betrayals that the country has known in the past, he was also supported by generous social policies, including the payment of an allowance monthly to new mothers.
But for Mr. Kaczynski Law and justice and the engine of its program, the transformation of the courts has always been a central goal.
When his party was in power from 2005 to 2007, many of his legislative efforts were blocked by judges. He came to believe that the transition to democracy started in 1989 was flawed because many former communists were allowed to stay in power.
When party leaders are questioned about it three decades later, few people of this generation say that their thinking still infects the system.
When they returned to power, they reacted quickly to rebuild the judicial system.
Critics, including the European Commission, have warned that these changes undermine the independence of the judiciary.
Yet the leaders of law and justice have continued to advance. They have piled up the Constitutional Court, which decides whether the legislation violates the Constitution. Once this court was under their control, they adopted a series of measures aimed at other parts of the judicial system.
But their first effort to reshape the Supreme Court a year ago was welcomed by country. Tens of thousands of people have invaded the streets. The government backtracked
but last winter it proposed some new, slightly watered down measures which critics say would have the same effect: turning the Supreme Court into a party instrument
. After a devastating report from the Venice Commission, which monitors the rule of law issues for the European Union, the bloc of nations invoked Article 7 of its founding treaty to take measures against Poland. He became the first country in the history of the union to be threatened with losing his voting rights.
This time, however, the government would not be deterred.
According to the legislation, President Andrzej Duda could decide to grant exemptions, but judges must ask him to do so
Judge Gersdorf, along with many of his colleagues, refused to do so, preparing the pitch for the clash this morning.
In the crowd outside the courtyard, young and old gathered to make their voices heard. Among them was Adam Strzembosz, 87, who helped draft the constitution and was the first president of the Supreme Court after the collapse of the communist regime.
Struggling to be heard over the crowd, he said: Judge Gersdorf stated that the Constitution must be respected because it is based on the fundamental values of Poland – and values, unlike "People," she added, "did not change.
After entering the courthouse, members of the crowd raised their hands, fingers forming a "V" for victory and sang the nation's haunting national anthem. Poland is not yet lost. "
The refrain seemed appropriate for the occasion.
" Poland has not yet succumbed, "they sang." As long as we stay, what the enemy has seized by force, sword in hand, we will win. "
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