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Top Poland judge Gersdorf vows to defy retirement rule | Top Poland judge Gersdorf vows to defy retirement rule |
(about 1 hour later) | |
The head of Poland's Supreme Court has vowed to defy a controversial new law forcing her and dozens of senior judges to retire early. | |
Chief Justice Prof Malgorzata Gersdorf has been told she must step down at midnight in line with new legislation. | |
But a spokesman for the Supreme Court said she would go to work as normal on Wednesday. | |
Prof Gersdorf earlier branded the reforms, which require judges to retire at 65 instead of 70, a "purge". | |
Under the new legislation, up to 40% of Supreme Court judges are expected to be forced out. | |
On Monday the European Union launched legal action against Poland's right-wing government, saying the law undermined judicial independence. | |
But the government says the changes will help fight corruption and improve the court's efficiency. | |
What is the row about? | What is the row about? |
The new law imposes a new retirement age for judges of 65 and presidential assent is required for those who wish to stay on. Judges had until Tuesday to make their request. | |
Prof Gersdorf, alongside other Supreme Court colleagues, had previously refused to make such an appeal. | |
The judge, an outspoken critic of the ruling Law and Justice (PiS) party, has insisted that under Poland's constitution she should remain in her post until 2020. | |
She has called the government's move "a purge of the Supreme Court conducted under the guise of retirement reform". | |
Prof Gersdorf, who is already 65, met President Andrzej Duda on Tuesday. Despite her opposition, a presidential aide later said that she would be forced into retirement from midnight and replaced by a judge appointed by Mr Duda, an ally of PiS. | |
But Supreme Court spokesman Michal Laskowski remained defiant. | |
"Plans have not changed here, Mrs Gersdorf intends to come to work tomorrow," he told reporters. | |
Protests in support of Prof Gersdorf and other defiant judges are expected to take place on Tuesday and Wednesday around the Supreme Court building in the capital, Warsaw. | Protests in support of Prof Gersdorf and other defiant judges are expected to take place on Tuesday and Wednesday around the Supreme Court building in the capital, Warsaw. |
Why is the EU involved? | Why is the EU involved? |
Poland's government has refused to back down despite EU action, including a separate legal case in December. | Poland's government has refused to back down despite EU action, including a separate legal case in December. |
It insists its reforms are aimed at updating an inefficient system and replacing judges who date back to a communist era that collapsed in 1989. | It insists its reforms are aimed at updating an inefficient system and replacing judges who date back to a communist era that collapsed in 1989. |
However, the EU complains that judges have no way of seeking a review if their request to the president is turned down. | However, the EU complains that judges have no way of seeking a review if their request to the president is turned down. |
The head of state also does not have to explain any reasons for making such a decision. | The head of state also does not have to explain any reasons for making such a decision. |
The EU's executive, the European Commission, has given Poland a month - rather than the standard two months - to respond to the legal challenge. | The EU's executive, the European Commission, has given Poland a month - rather than the standard two months - to respond to the legal challenge. |
Polish Foreign Minister Jacek Czaputowicz said the law was binding and "for the time being our stance is that we are right". | Polish Foreign Minister Jacek Czaputowicz said the law was binding and "for the time being our stance is that we are right". |