The Scotsman

Poland’s government accused of violating country’s constituti­on

● Protesters back supreme court president who is being forced out

- By VANESSA GERA In Warsaw

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.”

 ??  ?? 0 Hundreds of people demonstrat­e to support the Supreme Court president in front of the Supreme Court building in Warsaw
PICTURE: GETTY IMAGES
0 Hundreds of people demonstrat­e to support the Supreme Court president in front of the Supreme Court building in Warsaw PICTURE: GETTY IMAGES
 ??  ?? 0 Supreme Court president Malgorzata Gersdorf
0 Supreme Court president Malgorzata Gersdorf

Newspapers in English

Newspapers from United Kingdom