Orlando Sentinel

Poland’s Supreme Court chief defies law’s purge

EU parliament members heckle prime minister

- By Michael Birnbaum

BRUSSELS — The head of Poland’s Supreme Court took a defiant stand Wednesday against a government effort to depose her, as thousands of supporters gathered to defend what they said was a last barrier preventing an authoritar­ian takeover of their country.

The president of the court, Malgorzata Gersdorf, showed up to work at the courthouse in Warsaw despite a law that went into effect at midnight forcing her retirement. The new measure escalated Poland’s confrontat­ion with the European Union, whose leaders are already struggling to address boiling anti-migrant anger, the rise of euroskepti­c populists and President Donald Trump’s efforts to drive wedges into the EU and the NATO defense alliance.

The purge of Poland’s Supreme Court threatened to extend rollbacks in a nation that was once a post-communist democratic success story, critics said. Wednesday’s actions further aligned Warsaw with Hungary, whose leader has also slashed at pluralisti­c protection­s to entrench himself in power.

The law that went into effect on Wednesday completed the step-by-step government takeover of the judicial system, eliminatin­g a final check on Polish leaders’ reshaping of their nation’s legal landscape. Proponents of the law said that their efforts were necessary to make courts more accountabl­e to citizens. Tens of thousands of Poles turned into the streets on Tuesday night to protest the changes.

“I stand here in defense of the legal order in Poland,” Gersdorf told supporters in front of the courthouse on Wednesday. Hundreds of people chanting “constituti­on!” helped clear a path for her to enter the court in the morning. “I want to show that there’s a difference between the constituti­on and its violation.”

Later in the day, thousands of people gathered at the court for a protest, where Solidarity leader Lech Walesa, who helped lead Poland out of communism, bitterly condemned the current government.

“Whoever turns against the constituti­on, against the separation of powers, is a criminal,” he said.

The European Union on Monday launched legal action against Polish leaders, saying the new law dealt a blow to judicial independen­ce. Opposition leaders in Poland were pinning their hopes on that interventi­on, although any move by European courts is likely to take months. Inside Poland, the constituti­onal court, the main check on the constituti­onality of new laws, is already controlled by Polish leaders, and government critics said it was unlikely to step in.

The ruling Law and Justice party also has control over lower courts. Wednesday’s change awards it power at the top court, which approves election results and handles appeals for civil and criminal cases.

“We have reinforced judicial independen­ce and objectivit­y,” Polish Prime Minister Mateusz Morawiecki defiantly told the European Parliament in Strasbourg on Wednesday, where lawmakers heckled and booed. “Democracy in Poland has never been as alive as it is today.”

Polish leaders have said they are trying to overhaul the judicial system to purge it of judges who began their careers before the communist government fell in 1989. They say those judges are relics of the old system who are now blocking the will of the people as expressed by the current leadership, which was elected in 2015.

The leader of the Law and Order party, Jaroslaw Kaczynski, grew skeptical of the courts after they blocked a number of his party’s initiative­s during a previous stint in power.

In Strasbourg, Morawiecki came under withering criticism.

“Turn the wheel and bring Poland back into the family of democratic nations,” said Guy Verhofstad­t, a senior European lawmaker.

 ?? MARCIN OBARA/EPA ?? President of the Supreme Court Malgorzata Gersdorf showed up to work at the court in Warsaw despite the government’s attempted purge of the high court.
MARCIN OBARA/EPA President of the Supreme Court Malgorzata Gersdorf showed up to work at the court in Warsaw despite the government’s attempted purge of the high court.

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