Officials from the governing party say they are simply overhauling a corrupt system that obstructs the will of the people. But critics, both in Poland and abroad, contend they are creating a system where the courts will be subservient to politicians, who then will be able to change the constitution through judicial rulings. In his zeal to create what he calls a Fourth Republic, free of any vestiges of the days of Communist rule and vest the state with ever greater power, the party’s leader, Jaroslaw Kaczynski has set the nation on a collision course with the European Union, which views the changes as a threat to the rule of law and the Western values at the heart of the treaty binding the bloc of nations together. The European Union’s failure to curb Hungary’s drift toward authoritarianism has already emboldened other leaders in the region, where right-wing nationalism and populism are on the rise. If Poland is not made to pay a high price for its actions, critics and outside legal experts worry, currents unraveling democracy in member states will be further strengthened. It is far from clear how much more the bloc can do. For the first time in its history, it has gone to the so-called nuclear option, invoking Article 7 of its founding treaty. Poland could lose its voting rights, although that would require a unanimous vote by all 28 member nations — a highly unlikely result, considering Poland’s strong backing from other East European nations. Still, European officials announced on Monday that an infringement procedure had been started against Poland, which could result in the case being referred to the European Court of Justice. For opponents of the judicial overhauls, the European court is their last, best hope to force the government to change course.<doc-sep>(CNN) The head of Poland's Supreme Court, Małgorzata Gersdorf, entered the court building Wednesday in defiance of a controversial new law that has escalated tensions between the European Union and Poland's government. Polish Supreme Court Justice president Malgorzata Gersdorf, center, arrives for work Wednesday at the Supreme Court building in Warsaw as people gather to support her. The law, which came into force at midnight, mandates that all Supreme Court judges over the age of 65 must retire and will force 27 of the 72 judges off the bench, according to the European Union. "My presence here is not about politics, I am here to protect the rule of law," Gersdorf, who is 65, said at the court's entrance, surrounded by supporters and opposition politicians. Video footage tweeted by local radio journalist Mariusz Piekarski showed her making her way through chanting crowds on Wednesday, holding white roses in her hand. Critics say that the Polish government is eroding the rule of law and that its so-called reforms are intended to give it control of the judiciary. But the government, led by Prime Minister Mateusz Morawiecki, insists that the measures are needed and will strengthen democracy. "Each EU state has the right to shape their legal system according to their own traditions," Morawiecki told the European Parliament in Strasbourg, France, on Wednesday. Poland's Prime Minister Mateusz Morawiecki speaks Wednesday at the European Parliament in Strasbourg. Presidential aide Paweł Mucha told state media Tuesday that Gersdorf's forced retirement would be "in line with binding laws" and that current judge Józef Iwulski would fill her position. But Gersdorf argues that the new rules contravene the constitution -- under which she should serve a six-year term, ending in 2020 -- and cannot be implemented, Reuters reported "The constitution obliges me to a six-year term and I must proceed according to the constitution," she was quoted as saying by the Polish Press Agency (PAP) on Tuesday. The 27 judges affected by the new law could submit an application to Poland's President -- an ally of the governing Law and Justice (PiS) party -- to extend their mandate. According to the Supreme Court, 16 of them did so. However, Gersdorf said she "did not submit and will not submit" such an application. The other 26 judges forced off the bench by the new law also showed up for work Wednesday, according to PAP. 'Watershed moment' "This is a watershed moment for the Polish judiciary and indeed for the whole political system," said Piotr Buras, head of the Warsaw office of the European Council on Foreign Relations (ECFR), an independent think tank. "It may have some very far-reaching consequences and implications for further political development in Poland." Besides the dismissal of the 27 judges, the National Judiciary Council -- which following reforms last year is controlled by the ruling party -- can also now nominate more than 50 new judges, Buras said. If that goes ahead, the ruling party will effectively control the Supreme Court, he said, which as well as being the country's highest court of appeal has responsibility for ensuring the validity of elections. On Tuesday, the dispute triggered protests in front of the court in the capital, Warsaw, which Gersdorf also attended. Hundreds gathered to wave EU flags and placards reading "constitution" to show their support for the supreme court judge. Further demonstrations are planned outside the court on Wednesday evening. People demonstrate in support of the Supreme Court judges in front of the Supreme Court building in Warsaw on Tuesday evening. EU take legal step The European Commission, the EU's principal administrative body, has contested the law and on Monday announced it had launched an infringement procedure against it. The legislation would "undermine the principle of judicial independence, including the irremovability of judges," it said in a statement. The Polish government has one month to respond to the commission's Letter of Formal Notice, it said. Nonetheless, the dispute has highlighted the limitations on what the EU can do to deal with member states that act contrary to the bloc's fundamental principles. Since the conservative PiS came to power in 2015, the EU has clashed repeatedly with Morawiecki's government over judicial reforms that have broadened the government's power over the Supreme Court and national council of the judiciary, which appoints judges. Crowds demonstrate in support of Gersdorf in front of the Supreme Court building on Wednesday. of the Lisbon Treaty. The European Commission warned of a "clear risk of a serious breach in the rule of law" posed by the legal reforms and recommended that the bloc's leaders invoke Article 7 of the Lisbon Treaty. Under Article 7, the most serious punishment that could be inflicted would be the removal of Poland's voting rights in EU institutions. However, that would require a unanimous vote to be passed and Hungary's right-wing government has already said it would reject the proposal. The ECFR's Buras said the decision to launch the infringement procedure against the Supreme Court law had come "very late" -- and too late to prevent the dismissal of the 27 judges -- but was still a significant step. It opens the door for the European Court of Justice to prevent the nomination of new judges to the Supreme Court, he said, and in combination with the threat of Article 7 proceedings will significantly increase the pressure on Poland's government. The move also signals to other countries such as Hungary that the EU is ready to act in defense of its principles, he said. Within Poland, protests against the ruling party's latest actions are likely to be smaller than other recent demonstrations because many people want to see reform of the judiciary, Buras said -- and don't realize that what the ruling party is doing is "outrageous." Amnesty International last month warned that Polish citizens' human rights were at risk from "systematic erosion of guarantees for an independent judiciary" and urged the Polish government and parliament to amend the laws in question.<doc-sep>Gain a global perspective on the US and go beyond with curated news and analysis from 600 journalists in 50+ countries covering politics, business, innovation, trends and more.<doc-sep>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.<doc-sep>
WARSAW (Reuters) - A long-running dispute between Poland and the European Union over democratic values escalated on Wednesday when new legislation came into force that requires about a third of judges at the Supreme Court to retire. The EU accuses Poland’s ruling right-wing Law and Justice party (PiS) of trying to control the judiciary and subvert democratic standards. Warsaw says the changes are needed to free the judiciary of communist-era thinking and practices. The president of the Supreme Court, Malgorzata Gersdorf, defied the new law on Wednesday morning by going to her office as usual, to applause from hundreds of supporters who chanted “constitution” and sang the Polish national anthem. “My presence here is not about politics, I am here to protect the rule of law,” she told reporters. Gersdorf is 65, the age at which judges are now required to retire, but a constitutional law expert said she met the conditions to remain in place until her six-year term has expired. Gersdorf became Supreme Court president in 2014. “The law cannot work retroactively. So this legislation... is clearly unconstitutional... and could lead to paralysis at the Supreme Court,” said the expert, Marek Chmaj. Addressing the European Parliament on Wednesday in Strasbourg, Polish Prime Minister Mateusz Morawiecki defended his government’s overhaul of the judiciary. “Each EU state has the right to shape their legal system according to their own traditions,” he said, adding that the EU should focus on external challenges and not wage a “campaign” against the democratically elected government of a member state. PROTESTS EU lawmakers gave Morawiecki a rough reception. Maltese lawmaker Roberta Metsola said the judicial reforms were about “consolidating (government) control by weakening the institutions designed to keep you in check”. After staging protests on Tuesday outside the Supreme Court, Polish pro-democracy activists have vowed to hold more rallies around the country on Wednesday. But the protest turned out smaller than a crowd of 4,000 people a day earlier, disappointing Lech Walesa, a Nobel Peace Prize Laureate and former president credited with bringing down Polish communism in 1989, who came from Gdansk to Warsaw to express his objection to the court changes. “With such an amount we will not win much,” Walesa said in front of the protesters outside the Supreme Court building in the centre of Warsaw. “It is getting serious when they ruin our courts. Really, sooner or later this may lead to a civil war.” Slideshow ( 4 images ) Through legislation and personnel changes, PiS has already taken de facto control of much of the judicial system since taking power in 2015, including the constitutional court and prosecutors, who now report directly to the justice minister. “We are moving towards a dictatorship,” said Joanna Tworog, a 65-year-old webmaster in the crowd supporting Gersdorf earlier on Wednesday. “What if I have a court case against someone from PiS and they can influence judges? These changes affect me personally.” Slideshow ( 4 images ) Critics at home and abroad say the ruling party’s policies, which also include tighter control of public media, amount to a shift towards authoritarian rule. The conflict has isolated Poland in Europe, where most governments are critical, while also exposing the EU’s inability to rein in governments it believes contradict core EU values. The European Commission opened a fresh legal case against Poland over the Supreme Court changes on Monday, saying they undermine judicial independence in the largest ex-communist EU member state. Warsaw faces the theoretical threat of losing its voting rights in the EU under a procedure launched late last year in response to the reforms. But Hungary, also facing criticism over democratic standards, has pledged to block such a move. The PiS government says EU treaties do not give Brussels institutions the power to influence national matters such as the judiciary. “The court system ... is an entirely internal matter,” PiS leader Jaroslaw Kaczynski was quoted as saying by Gazeta Polska newsweekly in an article published on Wednesday. The party’s standing in polls has held steady at around 40 percent throughout the dispute, well above any other rival.