Some provisions and court decisions of the European Union are in conflict with the Polish Constitution, the Polish Constitutional Court has ruled. Specifically, these are provisions in European agreements by which the European Commission justifies the right to co-decision on rule of law issues. In doing so, they have called into question the principle of the primacy of EU law, which is based on the fact that in the event of a conflict between an aspect of EU law and an aspect of national law, the former prevails. Warnings have already been heard from Brussels that the ruling party is pushing Poland against ‘polexit’.
Two of the 14 judges gave a separate opinion, reports the AP news agency. He adds that the decision is expected to affect the already complicated relationship with the European Union, which is critical of the attempts of the conservative Polish government to increase its influence on the judiciary.
however, the judges are of the opinion that EU membership has not given European courts legal supremacy and that Poland has not handed over its sovereignty to the European Union.
The Polish Constitutional Court has repeatedly postponed deciding whether EU law takes precedence over Polish national law. This issue was addressed when the Polish Prime Minister Mateusz Morawiecki called for an examination of the decision of the Court of Justice of the EU in March this year, which found that the procedure for appointing Polish Supreme Court justices could constitute a breach of EU law.
Brussels and Warsaw have been in the trenches for a long time because of the judicial reforms being carried out by the right-wing Polish government – since coming to power in 2015, it has changed the judicial system in a way that gives the ruling party greater powers in the courts. in the appointment of judges. These changes have met with much criticism, as well as warnings from the EU, which has described reforms of the Polish judiciary as undemocratic and threatened sanctions.
The Polish government vehemently rejected all criticism, accusing the EU of interfering. It even went so far that warnings about the country’s exit from the EU had already emerged. According to today’s decision of the Constitutional Court, these are louder again.
“It is difficult to believe the Polish authorities when they claim not to they want to end EU membership. Their moves are going in the other direction. That’s enough. The Polish government has lost credibility, this is an attack on the EU as a whole, “ was sharp Jeroen Lenaers , representative of the EPP political group in the field of law. He criticized the fact that the involvement of the court was requested by the Prime Minister. He alleges that the decision that certain European provisions are not in line with the Polish constitution paves the way for ‘polexit’. He is convinced that Europe must not stand idly by: “Our money cannot fund governments that make fun of our common The consequences must be and the European Commission should immediately use all available means not to sponsor the autocrats in Warsaw, ) “emphasizes.
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