"The Polish constitution is very good and doesn鈥檛 require changing. Its quality is particularly visible in these difficult times, when it鈥檚 provisions are being violated", said on Wednesday chief justice of the Supreme Court, Professor Ma艂gorzata Gersdorf.
Professor Gersdorf added also that she will not be asking the president to prolong her tenure, as it is guaranteed by the Constitution.
During the session of the National Development Council on Tuesday, president Duda announced a proposal of 15 question that would be asked in the advisory referendum regarding changes to the Constitution. Among others, there are questions on the passing of the new constitution, guaranteeing the inviolability of acquired rights such as 500 zloty allowance, particular safeguarding for pensions for women over sixty and men over sixty-five and guaranteeing Poland's EU and NATO memberships. The president wants the referendum to take place on 10 and 11 November.
"No such possibility"
"As far as I know from the constitutionalists, such a referendum shouldn鈥檛 even be carried out. There鈥檚 no such possibilty as any changes to the constitution can only be applied in accordance with the protocol enshrined in the act itself," stressed Professor Gersdorf when asked on the idea of referendum by the journalists in the Sejm.
Referring to the proposal of securing acquired rights such as the 500 zloty allowance, the head of the Supreme Court said "such thing mustn鈥檛 be secured by the Constitution." She explained that "such action would muzzle any other government, as the economical situation in the country may change."
Ma艂gorzata Gersdorf presented on Wednesday, before a parliamentary committee an information on the Supreme Court鈥檚 activities last year. "Ruling-wise it was a very normal year. However, it was very difficult when it comes to organisation. We have fewer judges and it's not even our fault. We didn't have circuit judges who could have support us in this uneasy situation," she said to the media representatives.
"Out of the question"
According to the Act on the Supreme Court that entered into force on 3 April, after three months from this date, all the Supreme Court judges who are 65 or older begin their retirement.
They may keep their jobs if they had submitted an appropriate declaration and medical check-ups by 2 May, and if the President of Poland approves their willingness to remain as the Supreme Court judges. In the court, there 76 judges, out of which 27 have reached the retirement age.
The First President of the Supreme Court, who herself has reached the age of 65 made it clear that "she hasn't and she won't" submit an appeal to the president. "The constitution guarantees to me this exceptionally honourable position for six years and I don't see any reason for me ask the executive for permission. That is absolutely out of the question," stressed Professor Gersdorf.
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