All the powers at your fingertips. This is what the president of the European Commission, Ursula von der Leyen, will use to enforce European standards in Poland. Something about which the Polish Constitutional Court has just ruled against. “Our Treaties are very clear,” Von der Leyen said in a statement: “All judgments of the Court of Justice of the EU are binding on the authorities of all Member States, including national courts. EU law has primacy 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 this. ”
The Polish Constitutional Court removes the country from the legal order of the European Union
The Constitutional Court of Poland has ruled this Thursday that there are articles of the EU Treaty that are unconstitutional, that European laws are not above national laws. The Constitutional decision considers that the Constitution has preeminence over European laws, which implies the judicial separation of this country from European legislation.
The issue originates from a question sent by the Prime Minister, Mateusz Morawiecki, in which he asked for clarification of “far-reaching and justified constitutional doubts” about possible conflicts between national and European law. The ultra-conservative Government of Law and Justice (PiS) is involved in a series of disputes with the EU on issues ranging from the courts and freedom of the media to LGTBIQ rights. The case on which the court has ruled refers to the changes that the PiS made in the country’s judicial system.
The European Commission has made it clear that recovery funds – € 24 billion in grants and € 12,000 in loans – are blocked.
“I am deeply concerned about yesterday’s decision by the Polish Constitutional Court,” Von der Leyen said: “I have instructed the Commission services to analyze it thoroughly and quickly. On this basis, we will decide the next steps. 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 our Union’s legal order. Our 450 million Europeans trust this. ”
The President of the European Commission also states: “Our highest priority is to ensure that the rights of Polish citizens are protected and that Polish citizens enjoy the benefits of membership of the European Union, as do all citizens. citizens of our Union. Furthermore, EU citizens, as well as companies doing business in Poland, need legal certainty that EU rules, including judgments of the Court of Justice of the European Communities, are fully applied in Poland”.
The President of the European Parliament, David Sassoli, was the first to react after the ruling: “The verdict cannot remain without consequences. The primacy of EU law must be indisputable. Violating it means challenging one of the founding principles of our Union. We call on the Commission to take the necessary measures. ”
The French Minister for European Affairs, Clément Beaune, for his part, has considered the court ruling an “attack on the European Union”, informs Politico. Beaune has said on BFMTV that if “there is no basic respect for the common rules of rights and freedoms of Europe”, there can be no “support” for Poland. Accusing Poland of breaching its “agreement” with the EU, Beaune added: “So it is very serious, it is the risk of a de facto exit.”
Mateusz Morawiecki, the Polish prime minister, however, wanted to scrap the idea of a so-called EU Polexit and said on Facebook late Thursday that “Poland’s place is and will be in the European family of nations.”
But defending the court’s verdict: “The ruling of the Constitutional Court confirmed what is literal in the content of the Constitution of Poland. This is that constitutional law has superiority over other sources of law.”