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| Poland's top judge Gersdorf defies retirement law | Poland's top judge Gersdorf defies retirement law |
| (about 4 hours later) | |
| The head of Poland's Supreme Court has arrived for work surrounded by hundreds of supporters, rejecting a controversial law forcing dozens of senior judges to retire early. | The head of Poland's Supreme Court has arrived for work surrounded by hundreds of supporters, rejecting a controversial law forcing dozens of senior judges to retire early. |
| Chief Justice Malgorzata Gersdorf, 65, had been told to step down at midnight on Tuesday and a replacement was named. | Chief Justice Malgorzata Gersdorf, 65, had been told to step down at midnight on Tuesday and a replacement was named. |
| She has branded the reforms, which require judges to retire at 65 instead of 70, a "purge". | She has branded the reforms, which require judges to retire at 65 instead of 70, a "purge". |
| Poland's prime minister defended his government's drive to impose changes. | Poland's prime minister defended his government's drive to impose changes. |
| "Every EU country has the right to develop its judicial system according to its own traditions," Mateusz Morawiecki said in a speech to the European Parliament on Wednesday. | "Every EU country has the right to develop its judicial system according to its own traditions," Mateusz Morawiecki said in a speech to the European Parliament on Wednesday. |
| Up to 40% of Supreme Court judges are expected to be forced out, as part of changes which the government argues will help fight corruption and replace judges who date back to a communist era that collapsed in 1989. | Up to 40% of Supreme Court judges are expected to be forced out, as part of changes which the government argues will help fight corruption and replace judges who date back to a communist era that collapsed in 1989. |
| On Monday the European Union launched legal action against Poland's right-wing government, saying the law undermined judicial independence. Some Euro MPs listened to the Polish leader's speech behind signs that read "rule of law". | On Monday the European Union launched legal action against Poland's right-wing government, saying the law undermined judicial independence. Some Euro MPs listened to the Polish leader's speech behind signs that read "rule of law". |
| "If there is a systemic threat to the rule of law, we cannot simply turn a blind eye," said EU Commissioner Valdis Dombrovskis. "We cannot simply say it is a purely national issue." | |
| "So, where the separation of powers is weakened in one country or worse, the independence of the judiciary is challenged in another, it becomes a European issue, which affects our whole community." | |
| There were protests in several Polish cities against the reforms late on Tuesday, including outside the Supreme Court in Warsaw. | There were protests in several Polish cities against the reforms late on Tuesday, including outside the Supreme Court in Warsaw. |
| Hundreds of supporters returned on Wednesday morning to greet Prof Gersdorf on her arrival with chants of "constitution" and "we are with you". A number of colleagues also welcomed her as she addressed the protesters at the entrance, vowing to defend the rule of law. | Hundreds of supporters returned on Wednesday morning to greet Prof Gersdorf on her arrival with chants of "constitution" and "we are with you". A number of colleagues also welcomed her as she addressed the protesters at the entrance, vowing to defend the rule of law. |
| What is the row about? | What is the row about? |
| The new law imposes a new retirement age for judges of 65. Presidential assent is required for those who wish to stay on. Judges had until Tuesday to apply to stay on. | The new law imposes a new retirement age for judges of 65. Presidential assent is required for those who wish to stay on. Judges had until Tuesday to apply to stay on. |
| Twenty-seven out of 73 Supreme Court judges were 65 or over. | Twenty-seven out of 73 Supreme Court judges were 65 or over. |
| While some did apply to stay on, according to Polish media, Prof Gersdorf was one of 11 judges who refused to make such an appeal. | While some did apply to stay on, according to Polish media, Prof Gersdorf was one of 11 judges who refused to make such an appeal. |
| The judge, an outspoken critic of the governing Law and Justice (PiS) party, has insisted that under Poland's constitution she should remain in her post until 2020. | The judge, an outspoken critic of the governing 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". | She has called the government's move "a purge of the Supreme Court conducted under the guise of retirement reform". |
| Read more on related topics: | Read more on related topics: |
| Prof Gersdorf 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. | Prof Gersdorf 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. |
| Poland faces street standoff | Poland faces street standoff |
| By Adam Easton, BBC News Warsaw | By Adam Easton, BBC News Warsaw |
| Street demonstrations in support of Malgorzata Gersdorf are likely to become much bigger now, but the government has already weathered large protests in the past two years. | Street demonstrations in support of Malgorzata Gersdorf are likely to become much bigger now, but the government has already weathered large protests in the past two years. |
| Prof Gersdorf says her mandate is guaranteed by Poland's constitution and she plans to remain in her post. That will likely cause a degree of chaos and an uncomfortable standoff between her and the new chief justice appointed by President Duda. | Prof Gersdorf says her mandate is guaranteed by Poland's constitution and she plans to remain in her post. That will likely cause a degree of chaos and an uncomfortable standoff between her and the new chief justice appointed by President Duda. |
| The governing party's reform of the Supreme Court is the last major part of its judicial changes and it seems determined to see it through - even if the European Commission, the UN, the Council of Europe and US and European legal associations don't agree with its assertion that the reforms meet normal European standards. | The governing party's reform of the Supreme Court is the last major part of its judicial changes and it seems determined to see it through - even if the European Commission, the UN, the Council of Europe and US and European legal associations don't agree with its assertion that the reforms meet normal European standards. |
| Warsaw has one month to respond to the EU's challenge to this reform before the next stage can be triggered. There will be a period of concerted opposition but, as one source told me, the head of Law and Justice, Jaroslaw Kaczynski, believes he can live with it. | Warsaw has one month to respond to the EU's challenge to this reform before the next stage can be triggered. There will be a period of concerted opposition but, as one source told me, the head of Law and Justice, Jaroslaw Kaczynski, believes he can live with it. |
| What is the EU's objection? | What is the EU's objection? |
| Poland insists its reforms are aimed at updating an inefficient system and replacing judges who date back to a communist era that collapsed in 1989. | Poland 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". |