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The Constitution says that the age of the judge's retirement is defined by law, therefore the questioning of the law in this regard, referring to the Constitution, is incomprehensible – explains the president of the Constitutional Court. Julia Przyłębska also warns that the non-application of the laws leads to anarchy
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– There are certain circumstances that cause the judge to terminate his work. For example, when he reaches the age of retirement. One of the provisions of the Constitution specifies that the age of the judge's retirement is specified in the law – recalled the president of the Constitutional Court in the program "Guest News".
Julia Przyłębska strongly criticized the attitude of not applying the laws under the pretext of her alleged unconstitutionality.
– If a given law comes into force, it means that it applies. If anyone thinks that this law is not in accordance with the constitution, he submits an application to the Constitutional Court and asks if the provisions specified in this law are in accordance with the Constitution. As long as the Tribunal does not rule on this issue, we can not say "I will not apply these provisions because I think they are unconstitutional". This leads to anarchy – Przyłębska warned.
The President of the Constitutional Court added that the Supreme Court Judges' Assembly also did not have such powers. It is this body that issued a statement declaring that the first president of the Supreme Court, Małgorzata Gersdorf, would remain in office until 2020.
According to Przybębska, in case of doubt, it was necessary to submit an application to the Constitutional Court, whereas Małgorzata Gersdorf was able to make an appropriate declaration in accordance with the applicable law, which she did not do . The strategy adopted by the former first president of the Supreme Court "does not match the seriousness of the office" – estimated the head of the Constitutional Court.
source:
TVP news
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