Protesting Forced Retirement: Conflict Between Judges And The Government In Poland

Tuesday evening, about 5,000 people protested for Gersdorf and other relevant judges before the Warsaw Supreme Court

After a meeting between Gersdorf and the conservative state leader Andrzej Duda, the president has decided to retire despite massive protests Duda's office announced. 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.

"Purge" at the Supreme Court

"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 acting 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.

Retired judges express anger

The controversial law will send on 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 even made use of this right.

In addition to Gersdorf, other judges have already announced that they would not accept mandatory retirement and would like to remain in their position. Wednesday morning, forced retired judges want to enter the courthouse to protest in their robes.

The ruling PiS party leader, Jaroslaw Kaczynski, the strongman of Poland, warned in the pro-government weekly Gazeta Polska that the judges' resistance was "doomed to a disastrous failure."

Infringement proceedings against Poland

The controversial reform took effect at midnight. On Tuesday evening, about 5,000 people demonstrated in front of the Supreme Court in Warsaw for the judges. "We are behind you!" Shouted the demonstrators. They announced that they would go down the street Wednesday morning if Gersdorf wanted to appear to work with the other judges involved.

The law, already passed by Parliament and signed by Duda, is one of the most controversial judicial reforms for which the EU has been acting 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. It is a question of protecting "the independence of the Supreme Court," said Commission spokesman Margaritis Schinas

Hungary does not provide for sanctions against Warsaw

Early 2016, Brussels launched its first rules review process in the EU. as Warsaw cut the 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.

The infringement procedure may, at least in theory, result in the abolition of voting rights at the European level. However, the vote must fall unanimously. The right-wing conservative, also headed by Hungary, has already announced that he would not support the sanctions against Warsaw

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