Poland's President Andrzej Duda has confirmed that Supreme Court chief Małgorzata Gersdorf will retire on July 4, in line with legislation introduced by the ruling Law and Justice party, an aide to Duda said on Tuesday. The legislation enforcing the retirement of some Supreme Court judges, including the tribunal's chief, is at the centre of a conflict between Poland and the European Union.
"Supreme Court judges who haven't submitted the statement of will to remain on duty, from tomorrow on, lose the active status. Among them is the First President of the Supreme Court, Małgorzata Gersdorf and therefore, according to the binding law, she's entering into retirement," said presidential aide Paweł Mucha at a press conference, after the meeting between president Andrzej Duda and chief justice Małgorzata Gersdorf.
"According to the President's will, the oldest of the Supreme Court judges, the honourable Józef Iwulski should fulfil the duties of the First President. Professor Gersdorf also named judge Iwulski as acting president of the Court," added Mr Mucha.
Supreme Court spokesperson said that the court's chief, Małgorzata Gersdorf plans to show up at work on Wednesday.
"Plans have not changed here, Mrs Gersdorf intends to come to work tomorrow," the spokesman told reporters.
At loggerheads
Brussels says Poland's judiciary reforms, including changes to the rules governing the Supreme Court, subvert the bloc's democratic standards.
Poland braced for protests on Tuesday against judicial reforms that come into force at midnight despite strong opposition at home and an ongoing row between Warsaw and the European Union.
Through legislation and personnel changes, the ruling Law and Justice (PiS) party has taken de facto control of Poland's entire judicial system, including prosecutors and the constitutional tribunal.
Its most divisive measure will force more than a third of Supreme Court judges to retire on Wednesday unless granted an extension by President Andrzej Duda, a PiS ally.
The European Commission opened a fresh legal case against Poland over the Supreme Court changes on Monday, which it says undermine judicial independence in the largest ex-communist member of the bloc.
Purge and protests
Poland's three biggest opposition parties will hold a protest in front of the Supreme Court building in Warsaw from 1900 GMT on Tuesday, they said in a joint statement on Tuesday. Demonstrations "In Defence of the Supreme Court" were expected in other cities, according to organisers Komitet Obrony Demokracji (KOD).
"Today we will be in many Polish towns to show that there is no agreement for a take over of another independent institution," said Borys Budka, a Civic Platform lawmaker said in the statement.
More protests are expected on Wednesday when Supreme Court President Małgorzata Gersdorf and some of her colleagues plan to go to work as normal.
"There will be purge conducted in the Supreme Court tomorrow under the pretext of the retrospective change in retirement age," Gersdorf told students in Warsaw at a lecture on Wednesday, according to state-run news agency PAP.
Wałęsa joins in
Among those who said they would protest was Lech Walesa, the Nobel Peace Prize Laureate credited with bringing down communism.
"If in any way the current ruling team attack the Supreme Court, then ... I'm going to Warsaw. It's enough to destroy Poland," Wałęsa said on his Facebook account.
He also said he is ready to "lead a physical removal of the main perpetrator of all misfortune," referring to PiS leader Jaroslaw Kaczyński.
Under Constitution
Gersdorf, an outspoken critic of the PiS and its reforms, maintains that under Poland's constitution she should remain in her post until 2020.
But Duda dismissed her objections, saying Gersdorf should have taken her concerns to the Constitutional Tribunal.
"To my knowledge, neither the Supreme Court president, nor the commissioner for human rights, nor any other entity has taken the opportunity. Thus I understand that they do not have doubts and I assume that the legislation will be observed, as this is required by the rule of law," PAP quoted Duda as saying.
Autor: gf / Źródło: TVN24, Reuters, PAP