The President of the European Commission, Ursula von der Leyen, declared yesterday “deeply concerned” by the sentence of the Polish Constitutional Court that establishes the preponderance of the law and the courts of this country over the treaties and sentences of the European justice. The legal issue raised by this decision of the Polish judges, who are attributed great influence by the current government, could open a door for their main ally, Viktor Orban’s Hungary, threatens to follow the same path considering that elections will be held there next spring and polls reveal that for the first time the opposition coalition has the potential to challenge its hegemony.
In fact, while this ruling was announced in Warsaw on Thursday, in Brussels the representatives of the two countries vetoed the approval of a declaration of children’s rights, with the argument that they do not accept that references to the LGBT collectives, despite the fact that all other governments agree. Poland and Hungary are the two countries for which the European Commission has not yet wanted to approve its recovery plans precisely because both refuse to accept the consensus of the rest of the countries on these sensitive issues. The possibility that Poland and Hungary would eventually form an anti-European front with the United Kingdom either outside the EU, or an alternative association, has been publicly evoked by leaders as well informed of the ins and outs of community politics as the popular Esteban González Pons. , who has spoken in one of his last articles of ideas to create “a kind of European Union bis, based solely on commercial exchanges.” It is evident that at least Hungary will clearly support Poland in this extraordinary pulse and that the European summit next week will clearly be dominated by this serious problem.
The Polish Prime Minister, Mateusz Morawiecki, insists that his country has no intention of leaving the EU. “The ruling of the Constitutional Court confirmed what is literally deduced from the content of the Constitution of the Republic of Poland, namely, that constitutional law is superior to another source of law” including that of the EU but at the same time “I say clearly that the place of Poland is and will be in the European family of nations.
For now, President Von der Leyen has ordered the Commission’s legal services to analyze the Polish judgment “quickly” before determining what the next steps should be. From the European Parliament, the presidents of the Budgetary Control committees, Monika Hohlmeier; Legal Affairs, Adrián Vázquez, and Civil Liberties, Juan Fernando López Aguilar, who represent the three main groups of the Hemicycle, published a joint statement in which they ask President Von der Leyen to start the procedure to suspend transfers to Poland. As the popular Hohlmeier put it, “With this ruling, Poland unfortunately says goodbye to our European legal order. If European legal acts are no longer accepted, it is questionable whether Poland can still benefit from the huge amounts of EU funding it receives. ‘
Curiously, this mechanism referred to by MEPs, which establishes that aid is subject to political conditionality, has been resorted to by Poland and Hungary before the European Court of Justice in Luxembourg which on the other hand Poland has decided not to obey.
While the judgment is being published, the President of the Commission took advantage of her statement yesterday to reiterate that “we will defend the fundamental principles of the legal order of our Union” so that citizens and companies who want to work in Poland have “the legal certainty that EU rules, including judgments of the European Court of Justice, are fully applied ‘in that country and’ we will use all the powers we have under the Treaties to ensure this’.
In any event, it recalls that Poland assumed the European legal order at the time of its entry into the EU: “All judgments of the Court of Justice are binding on the authorities of all Member States, including national courts. EU law takes precedence over national law, including constitutional provisions. This is what all EU countries have adhered to by becoming members. ‘