Poland’s government accused of violating country’s constitution
● Protesters back supreme court president who is being forced out
Hundreds of anti- government protesters rallied in front of the Polish Supreme Court yesterday in an act of solidarity with the court’s president, who is being forced to retire under a new judicial overhaul.
The protesters accused the right-wing government of violating the country’ s own constitution by forcing the retirement of First President Malgorzata Gersdorf and other justices, decrying the development as a decisive step in the destruction of Poland’ s constitutional democracy.
After already having taken control of common courts and the constitutional court, the ruling right- wing Law and Justice party now has captured control of the Supreme Court, the final appeals court for all civil and criminal cases, and the body that authorizes election results. The new law, which took effect on Tuesday, lowered the mandatory retirement age to 65 from 70 for Poland’s Supreme Court justices. That forces Ms Gersdorf, who is 65, and as many as onethird of the court’ s 73 sitting judges to step down, unless they ask the president for special permission to remain and he grants it.
The court’s press office said that yesterday 63 justices were working, meaning ten appeared to have accepted their retirement under the new law.
But the office said that only 55 remaining judges will be given new cases because eight judges, including Ms Gersdorf, have not filed a request for an extension.
Ms Gersdorf still showed up for work yesterday, insisting that her six-year term runs through 2020, according to the constitution. Arriving at the Supreme Court building to applause, she thanked the crowd and said she was acting to protect Poland’s constitution and the rule of law.
“I want to show that the constitution and the violation of the constitution are two different things,” Ms Gersdorf told the crowd arriving for work in the morning. “I still hope that the legal order will be restored in Poland.”
Ms Gersdorf then presided over a meeting of the justices that decided an organisational matter. There were no disturbances or any force used to prevent her from entering the court. But it was not clear how her dispute with the government over the matter could be resolved.
Protesters chanted “Judges are not removable!” and “Constitution!” and then marched to the Presidential Palace to show their disapproval of the law co- authored by President Andrzej Duda. They accused Law and Justice, whose acronym in Polish is PIS, of dictatorial tendencies. Some wore a sticker that said “PIS off,” in English.
“We have the right to live in a free countr y with a constitution,” said Monika Czerniakowska, 50. She said once a government violates the constitution, “anything can hap- pen. Look what’s happening in Hungary. How far can we go?”
European Union officials and human rights groups have expressed alarm at changes to the Polish court system, alleging the moves represent an erosion of judicial independence that violates Western standards.
The European Comm issi on, which polices comp liance with EU laws, opened an infringement procedure on Monday against Poland over the Supreme Court law.
Yesterday, prime minister Mateusz Morawiecki defended his government’s policies under tough questioning from politicians at the European Parliament in Strasbourg. Some accused his government of backtracking on Poland’s democratic gains, saying the new laws put the courts under political control.
He insisted that Poland has the right to shape its judicial system, and argued that the changes mark a step forward.
“We don’t want to rock the European boat,” Mr Morawiecki said. “We only want our individual, national values to be respected.”