The controversial reform of Poland’s Supreme Court — one of the main points of contention between the right-wing Law and Justice (PiS) government and the European Commission — brings down the retirement age for its judges from 70 to 65.
– Reform amended –
The measure, which comes into effect on Tuesday, July 3 at midnight, affects 27 of the court’s 73 judges, including Chief Justice Malgorzata Gersdorf. However, the reform, adopted in December 2017 and amended on April 12, gives the judges concerned the opportunity to request permission from the president to continue to remain in their posts.
They must submit a medical certificate attesting to their good health with their request. President Andrzej Duda has until September to decide, without having to justify his final decisions.
– Status unclear –
Sixteen out of 27 judges over 65 years of age have filed a request to continue their Supreme Court jobs and their status could remain unclear for weeks. Although they are critical of the reform, these judges consider it their duty to continue to serve the country, said Judge Michal Laskowski, the Supreme Court spokesman.
They have vowed to remain in their posts until they reach 70, the retirement age that was in force when they started their tenure. Eleven judges decided not to request an extension.
The Supreme Court is likely to experience a situation similar to that of the Polish Constitutional Court, which underwent a reform in 2016 that critics alleged was unconstitutional and stacked it with allies of the governing right-wing Law and Justice (PiS) party.
– Constitutional fight –
Supreme Court chief justice Malgorzata Gersdorf is refusing to step down, pointing to a constitution guarantee giving her a six-year term.
Taking a different view of the constitutional rules, President Andrzej Duda announced Gersdorf’s retirement was a given under the new law on Tuesday. He then appointed another Supreme Court judge, Jozef Iwulski, to act as an interim chief justice replacing her.
For her part, Gersdorf also appointed Iwulski to replace her “for the time of her absence”, her spokesman Michal Laskowski said. Gersdorf later said she planed to show up for work on Wednesday at the Supreme Court and then go on vacation.
Under the constitution, the Polish president formally chooses the Supreme Court chief justice from among five candidates nominated by a vote of the general assembly of the Supreme Court’s 73 judges. This assembly can only meet when most of the retired judges have been replaced.
Source: Times Live
