"According to the law, Małgorzata Gersdorf isn't the Supreme Court's President anymore. Therefore, as any serious state should be able to handle such situation in a legal way, we propose a new legislation which is meant to end the impasse," said Prime Minister Mateusz Morawiecki on Thursday, relating to a draft amendment to the Supreme Court law.
Fifth amendment
Lower house of parliament started proceedings on Thursday over Law and Justice's latest, fifth amendment to the Supreme Court laws.
The project includes, among others, changes to the procedure of appointing the First President of the Supreme Court.
Furthermore, it is proposed that the General Assembly of Supreme Court judges should choose and present candidates for the court's head immediately after appointing two thirds of overall number judges. Currently, the procedure is started after all judges are appointed.
The legislation also introduces changes to the regulations organizing courts, the National Council of Judiciary and prosecutors' offices.
"We're witnessing a situation, where there are judges with Communist past still working in the Supreme Court. Today, it's no secret anymore because even our political adversaries point to the same facts as we did before," said the prime minister at a press conference.
"Since, according to the law, judge Gersdorf isn't Supreme Court's head anymore, in order to avoid deadlock, any serious state must be able to handle such situation in a legislative manner.
Therefore, we propose a new legislation that is meant to end the impasse," said Mateusz Morawiecki.
Who's in charge?
Małgorzata Gersdorf, who the Polish government says is now retired but who insists her term as the Supreme Court head runs until 2020, walked into the court on Wednesday saying the situation was "very tense and dramatic".
Judge Gersdorf is now at the heart of a rule of law dispute in Poland, the largest ex-communist member of the European Union. On Wednesday, about a hundred protesters gathered outside the Polish parliament, some waving banners reading "Free courts". She defied new government laws that the ruling nationalists say mean she no longer has power to make decisions at the court, which validates elections.
Opposition parties, most constitutional experts and the EU's executive European Commission say Warsaw's efforts to push her out amount to unacceptable political meddling that undermines the independence of the judiciary.
Since winning elections in late 2015, the ruling Law and Justice (PiS) party has tightened rules around media, courts and non-government groups and stands accused of undercutting key institutions of a democratic state.
Małgorzata Gersdorf told journalists on entering the building that she was coming to work to keep an eye on the Polish parliament.
"I am not fighting for my own interest, my position or to be left in peace," said the judge.
"I am fighting for the country, for the rule of law, for preserving the constitution,” she emphasised.
Currently, Poland's constitution - the highest law in the country - says verbatim that the term of the Supreme Court head lasts six years.
Judge Gersdorf, who was appointed in 2014, said she had a negative view of the new legal amendments.
Autor: gf / Źródło: TVN24 International, PAP, Reuters