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"The letter to which you inform me of my retirement does not meet the formal requirements" – this is a brief summary of the letter in which Małgorzata Gersdorf responds to the notice sent by Andrzej Duda. Professor Gerrsdorf points out that the notification, sent on July 6 by the President, has no legal force.
This is because – according to prof. Małgorzata Gersdorf – sending the judge to rest requires the decision of the president.
The order should be published. For obtaining the validity should also include the signature of the Prime Minister, the so-called countersignature.
Retirement Notification, which President Andrzej Duda sent to Prof. Małgorzata Gersdorf, does not fulfill these conditions. So – as he points out – does not have any legal effects.
Second – as the first president of the Supreme Court writes – his term is directly governed by the constitution and even the fulfillment of the above conditions could not result in his interruption.
"With this in mind, I am saying that my term of office lasts until April 30, 2020, and that I am obliged to exercise this office according to the highest law of the Republic of Poland". in the first letter to President Andrzej Duda.
Thursday at the Sejm three hours of debate on proposed changes in the justice system proposed by Law and Justice. Members did not agree to reject it at first reading.
After 1 pm, the head of the Parliamentary Committee on Justice and Human Rights, Stanisław Piotrowicz (PiS), said that "everything seems to indicate that the draft can be voted on Friday."
. So that the General Assembly SN judges elect and present to the President candidates for the first president immediately after filling 2/3 the number of SN judges positions, not as currently – only when almost all positions are occupied [19659007] )
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