Poland’s top judge Malgorzata Gersdorf has defied a controversial new Polish law forcing all judges into retirement at 65. Thousands were on hand for a protest against judicial reforms being investigated by the EU.
Poland’s Supreme Court chief justice came to work on Wednesday, in defiance of a new retirement age law passed by the right-wing PiS government as part of a series of judicial reforms.
Several thousand people greeted Chief Justice Malgorzata Gersdorf as she made her way into the Supreme Court building in Warsaw.
Thousands of people had gathered there the night before to protest the Law and Justice (PiS) party’s reform, which came into effect at midnight. The reform lowers the retirement age for judges from 70 to 65.
Of the court’s 76 judges, 27 are affected by the new law, and the reform could effectively cut short their six-year terms and allow the government to stack the body in their favor.
‘Purge’ of judicial backstop
Gersdorf said the reform was a “purge of the Supreme Court conducted under the guise of retirement reform.”
The 66-year-old has refused to comply with the reforms that require her to step down immediately, cutting short her tenure slated to end in 2020.
Gersdorf had told DW on Tuesday that she had no intention of leaving her post before the end of her term under the constitution.
“The constitution guarantees me this venerable post for six years, and I see no reason why I should file a petition with the executive branch about it,” she said.
Gersdorf said that she would “go on vacation” after her appearance at work on Wednesday and that she had named Jozef Iwulski as a temporary replacement during her absence.
Presidential aide Pawel Mucha dismissed Gersdorf’s remarks and told reporters Gersdorf was “going into retirement in accordance with the law,” and insisted the Supreme Court was now “headed by Judge Jozef Iwulski,” who was chosen by the president.
Poland asks for respect
Responding to criticism over the reforms, Prime Minister Mateusz Morawiecki told the European Parliament on Wednesday that EU states have the “right” to create their own legal systems.
The European Commission launched legal action against Poland over the reform on Monday, which could eventually see some of Poland’s privileges as an EU member suspended.
“Respecting national identities is part of the trust that must be built in the EU,” Morawiecki said. “Every country has a right to set up its legal system in line with its own traditions.”
PiS says judges are in for a ‘disastrous defeat’
In a joint statement on Tuesday, Poland’s three biggest opposition parties had called for the protests across the country. Legendary anti-Communist dissident Lech Walesa is among the leaders of the movement protesting the reforms.
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