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Constitutional crisis in Poland induced by change of the mandatory retirement age for magistrats

Poland is now in a constitutional crisis. The legislation enacted on Tuesday in Poland reduces the mandatory retirement age for the membes of the Supreme Court from 70 to 65, triggering the immediate removal of 27 of 72 judges, including the highest-ranking member of the court, Malgorzata Gersdorf.

The Polish government also intends to create a "disciplinary chamber," which will grant the government authority to reopen any case from the past 20 years to be reviewed by government-friendly judges. "It doesn't happen in well-developed countries that the executive and the legislative branches destroy the judiciary. With no guarantees of basic freedoms, the fundamental rights of Polish citizens will be destroyed sooner or later," Malgorzata Gersdorf said. Many of the country’s 10,000 judges remain united in their opposition to the government’s measures.There are major protests in the streets of Warsaw on Wednesday. “We are here because of the destruction of the judiciary in Poland,” people say.

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The European Commission announced Monday that it has taken legal action against Poland over the new judicial clampdown laws, which it said "undermine the principle of judicial independence, including the irremovability of judges." a so-called infringement procedure had been started against Poland, which could result in the matter being referred to the European Court of Justice. The commission has given the Polish government one month to respond.

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