Respect for the state and for the authority of the President, require respecting his decisions, including entering retirement by the Supreme Court judges. That applies to Małgorzata Gersdorf as well; for the National Council of the Judiciary (KRS), this decision makes Ms Gersdorf a former First President of the Supreme Court - KRS underlines in its statement.
KRS says the "overall analysis" of Constitution and Supreme Court law leads to a conclusion that only a serving Supreme Court judge can be the court's president.
"The office of the First President of the Supreme Court cannot be held by a retired Supreme Court judge," reads the statement by the KRS.
It also points to Article 180 Paragraph 4 of the Constitution that "defines the rule of separation and balance of legislative and judicial powers". The Council says that in line with this provision "the retirement age of judges is determined by the law, not the Constitution".
The Council also informs that the President has set the date of entering retirement by Professor Gersdorf "pursuant to Article 39 of the Act on the Supreme Court".
"Constesting law order and President's standpoint, especially taking the debate outside the national dimension, does not promote respect for the judicial power," according to the statement by the National Judiciary Council.
Autor: gf / Źródło: TVN24 International, PAP
Źródło zdjęcia głównego: tvn24