The Polish constitutional court has finally followed the path of its German colleagues and denied the principle of primacy of EU law. In fact, it has gone much further, seeking a true train wreck and a frontal attack on the legal architecture that makes integration possible. Instead of elaborating a formula to make the validity of the national constitution compatible with the European order, the high court has at this point declared some main articles of the EU Treaties incompatible with basic norms of its national constitution.
It does not matter that Poland joined in 2004. His reasoning is based on a falsehood, his country is part of the Union to cooperate on economic and commercial issues
and it cannot go further. It also denies the power of its national judges to preferentially apply European standards. In this way, it saves the reforms of the judiciary with which the Warsaw Government tries to control judges.
Ultimately, the open conflict is about who decides who decides, that is, a pulse to establish the final responsible for delimiting the extent to which European jurisdiction goes. European primacy, with all its consequences, is absolutely necessary for the functioning of the EU. Therefore, the limits to the continued expansion of European law can only be common limits, that is, drawn from the Union itself, in the EU Treaties and in the judgments of the Luxembourg Court.
The Commission is already preparing an infringement procedure and will put pressure on Warsaw with the recovery fund, conditional on respect for basic EU principles. The Polish Government has become a ticketless traveler. He has, at least for now, no intention of leaving the EU and he knows that there is no established procedure to expel a partner. ‘Polexit’ is a ghost that distracts from the main problem, how to manage a very serious crisis from Brussels to strengthen the European opposition and not the rebel executive. The objective must be to achieve a political solution to a major constitutional and legal problem.