Polish top judge defies retirement law, returns to work

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Poland’s Supreme Court chief justice Malgorzata Gersdorf returned to work on Tuesday, defying legislation forcing her to retire, in a clash that could also see Poland’s rightwing government sanctioned by the EU.

Around a third of the Supreme Court's 73 judges, including Gersdorf, have been forced to retire early under a law passed by Poland’s Law and Justice (PiS) government, reducing the retirement age for Supreme Court justices from 70 to 65.

Gersdorf, 65, has refused to comply with the legislation, arguing the constitution sets her term as chief justice at six years, overriding the legislation.

Although they contest it, other judges have complied or exercised their right to ask the president to extend their terms.

People protest the removal from office of Supreme Court chief Malgorzata Gersdorf, Gdansk, Poland, July 3, 2018. /VCG Photo

On Tuesday, Gersdorf "interrupted her vacation and returned to work," Supreme Court spokesman Michal Laskowski said in a statement.

Poland's presidency reacted sharply.

"Someone who is a retired judge cannot interrupt their vacation, because they aren't entitled to a holiday," said Pawel Mucha, a senior aide to President Andrzej Duda.

The PiS government insists the contested reforms are needed to tackle corruption and overhaul the judicial system.

But the European Union says the legislation is a threat to judicial independence and has started moves that could see Poland's EU voting rights suspended.

On July 2, Brussels launched legal action against Warsaw over the retirement law that could end up in the European Court of Justice (ECJ), the bloc's top tribunal.

The PiS has also proposed a new bill that would allow a successor to Gersdorf to be chosen when two-thirds of judges have been appointed to the Supreme Court.

The bill could be debated at a sitting of parliament due to last from Wednesday to Friday that anti-government protesters have vowed to picket.

(Top picture: Supreme Court President Malgorzata Gersdorf talks to the media at the Supreme Court building, in Warsaw, Poland July 4, 2018. /VCG Photo)

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Source(s): AFP