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After already having taken control of common courts and the constitutional court, the ruling right-wing Law and Justice party now has captured control of the Supreme Court, the final appeals court for all civil and criminal cases, and the body that authorizes election results. The new law, which took effect Tuesday, lowered the mandatory retirement age to 65 from 70 for Poland’s Supreme Court justices. That forces Gersdorf, who is 65, and as many as one-third of the court’s 73 sitting judges to step down, unless they ask the president for special permission to remain and he grants it. The court’s press office said that on Wednesday 63 justices were working, meaning 10 appeared to have accepted their retirement under the new law. But the office said that only 55 remaining judges will be given new cases because eight judges, including Gersdorf, have not filed a request for an extension. Gersdorf still showed up for work Wednesday, insisting that her six-year term runs through 2020, according to the constitution. Arriving at the Supreme Court building to applause, she thanked the crowd and said she was acting to protect Poland’s constitution and the rule of law. “I want to show that the constitution and the violation of the constitution are two different things,” Gersdorf told the crowd arriving for work in the morning. “I still hope that the legal order will be restored in Poland.” Gersdorf then presided over a meeting of the justices that decided an organizational matter. There were no disturbances or any force used to prevent her from entering the court. But it was not clear how her dispute with the government over the matter could be resolved.
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