The Latest: Polish president's aide says judge must retire

The Latest: Polish president's aide says judge must retire
Poles protest against new legislation on the Supreme Court that will force the retirement of more than a third of the judges to the top court, in Warsaw, Poland, Monday, July 2, 2018. The European Union opened a rule-of-law procedure Monday against Poland over what it sees as flaws in Poland's Supreme Court law, intensifying a standoff that is threatening Poland's EU voting rights and funding. (AP Photo/Czarek Sokolowski)

WARSAW, Poland (AP) — The Latest on the overhaul of Poland’s judicial system (all times local):

5:35 p.m.

An aide to Polish President Andrzej Duda says the Supreme Court’s chief justice has no choice but to retire even though she says her term runs until 2020 under the Constitution of Poland.

The forced resignation of Supreme Court First President Malgorzata Gersdorf comes as a new law takes effect that lowers the mandatory retirement age for justices from 70 to 65, forcing more than a third out. 

Presidential adviser Pawel Mucha told reporters on Tuesday that Gersdorf’s retirement results from the “force of law.”

Justices who reached the new retirement age but didn’t want to step down were required to request extensions from the president. The 65-year-old Gersdorf didn’t, arguing that the Constitution set the duration of her tenure.

Mucha says the chief justice’s failure to apply for an extension prevents her from remaining on the bench.

___

2:10 p.m.

The head of Poland’s Supreme Court has vowed to resist the government’s steps to remove her from the post under a new retirement regulations that she has called a “purge.”

Malgorzata Gersdorf insisted Tuesday that her term runs until 2020, as guaranteed by the constitution. Yet, she said she is expecting President Andrzej Duda will tell her to go during a meeting later in the day.

A new law adopted by the ruling right-wing party is forcing Gersdorf and many other Supreme Court judges aged 65 and above to retire, as of Wednesday.

The law has drawn condemnation from the European Union, which has opened sanctioning procedures that could potentially strip Poland of its EU voting rights. The government insists it is improving Poland’s justice system.