Von der Leyen will use all his powers to make Poland apply the EU rules

Europe

Brussels wants to analyze in depth the “unprecedented” ruling by the Polish Constitutional Court before announcing the next steps.

October 8, 2021 12:39

The President of the European Commission, Ursula von der Leyen , has expressed this Friday her “ deep concern “due to the ruling of the Polish Constitutional Court declaring several articles of the Treaty on European Union unconstitutional. In a written statement , Von der Leyen assures that will use all his powers to ensure that Poland applies EU rules. However, your team has avoided explaining what specific measures it is considering adopting against the Government of radical right of Law and Justice , despite the many questions from journalists. The Community Executive hides that the Polish Constitutional ruling “is unprecedented” and needs to be analyzed “in depth” before deciding on the “next steps”.

But they do not set any date to take action. “The Commission will analyze this opinion as quickly as possible . But I can’t say exactly how long is going to cost because that depends on the complexity of the ruling, “said Von der Leyen’s spokesman.

“Our highest priority is ensure that the rights of Polish citizens are protected and that Polish citizens enjoy the benefits that membership in the European Union gives them, like all citizens of our Union, “says the president in her statement.

“In addition, EU citizens, as well as companies doing business in Poland, need the legal certainty that EU rules, including judgments of the Court of Justice, apply fully in Poland, “said Von der Leyen.

“Our Treaties are very clear. All CJEU judgments are binding on the authorities of all Member States, including national courts. EU legislation takes precedence over national legislation, including constitutional provisions. This is what all EU Member States have signed as members of the European Union. We will use all the powers we have under the Treaties to ensure that it is respected “, insists the President of the Commission.

“The EU is a community of values and laws. This is what unites our Union and makes it strong. We will uphold the fundamental principles of the legal order of our Union. Our 450 million Europeans trust this, “the statement concludes.

The powers of Brussels

The main tool that the Community Executive now has to pressure the Polish Government is to freeze all European aid. The Warsaw recovery plan, which would allow access to 36,000 million euros of the fund Next Generation , it is already blocked. But Brussels could also paralyze the structural funds from which Poland benefits.

The Commission may also launch new infringement procedures against Poland and demand that the CJEU impose multimillion-dollar fines. But this instrument has proved ineffective so far, since the Prime Minister, Mateusz Morawiecki , refuses to apply the judgments of the Luxembourg Court.

Finally, Brussels could demand the reactivation of the disciplinary proceedings provided for in Article 7 of the Treaty, which would ultimately lead to the suspension of Polish voting rights in the EU . However, this ‘nuclear button’ was already pressed in December 2017, but it has made little progress since then because it requires the unanimity of the Member States and Warsaw has the constant support of Hungary.

Von der Leyen’s spokesperson has also been asked about the possibility of a ‘Polexit’, of Warsaw following in the UK’s footsteps and leaving the UE, and did not want to answer. The Warsaw Government assures that it does not want to leave and

the Treaties do not provide any mechanism to expel a State member. Article 50 used by London is based on a voluntary decision to leave the Union.

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