Polish government forces Supreme Court judges to resign: NPR



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Polish Supreme Court Justice Malgorzata Gersdorf takes part in a demonstration in Warsaw on Tuesday to protest against the dismissal of Supreme Court justices because of a new law that brings to 65 years the age of mandatory retirement. the highest justice – must resign before 12:01 am Wednesday.

Janek Skarzynski / AFP / Getty Images


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Janek Skarzynski / AFP / Getty Images

Polish Supreme Court Justice Malgorzata Gersdorf takes part in a demonstration in Warsaw on Tuesday to protest against the dismissal of Supreme Court judges following a new law bringing to 65 the age of retirement. Justice of the Highest Rank – Must Resign before 00:01 Wednesday

Janek Skarzynski / AFP / Getty Images

Poland is in the grip of a constitutional crisis, with the head of the Supreme Court openly opposing the president – whose party has enacted a new law that will force nearly 40 percent of the court's judges to early retirement.

The legislation, promulgated on Tuesday, brings the age of mandatory retirement from 70 to 65 years, triggering the immediate dismissal of 27 of the 72 judges, including the most senior member of the court, Malgorzata Gersdorf. In addition, the tribunal would be expanded to include 120 judges through government appointments – indeed, give the ruling party the power to reshape two-thirds of the Supreme Court.

The Polish government also intends to create a "disciplinary chamber", which will give the government the power to reopen any case over the past 20 years for consideration by pro-government judges.

This is considered by critics as the latest in a three-year assault on authoritarian reforms of the judicial system by President Andrzej Duda and his Law and Justice Party, known as the PiS. Duda argues that revision is necessary to eradicate corruption by judges dating back to the communist era and repair an inefficient system.

Judges were given until 12:01 pm on Wednesday to resign. "/>
         

"There is a question mark on the future of Poland today" "/>
         

But Gersdorf, who is 65, insisted Tuesday that she can not be ousted before the end of her term. The Associated Press reported.

"I'm going to my office on Wednesday, but if I'm going to be let in is another matter," Gersdorf said, according to The Guardian.

"It does not happen in developed countries that the executive and legislative powers destroy the judiciary and, without guarantees of fundamental freedoms, the fundamental rights of Polish citizens will be destroyed sooner or later," she said.

The attempt by Duda and his party to oust a large part of the Supreme Court led to major protests in the streets of Warsaw on Wednesday. The protesters included Gersdorf herself. Over the past year, tens of thousands of Polish citizens across the country have protested against Duda, PiS and judicial repression.

This latest confrontation between the judges, the president and his party comes after an announcement on Monday by the European Commission – the EU's executive arm – of a lawsuit against Poland with regard to the new laws of judicial repression, which, according to him, "undermines the principle of judicial independence, including the irremovability of judges". The commission concluded that Mr Duda and his party failed to fulfill their obligations under the EU Charter of Fundamental Rights and threatened to bring the Polish government to the European Court of Justice.

The commission gave the Polish government a month to respond. If it refuses to turn the tide, Poland could be condemned to cease its implementation until the court of justice renders its decision.

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