Tuesday, October 19

The Polish Constitutional Court removes the country from the legal order of the European Union

It is one of the fundamental elements of the functioning of the European Union. The Court of Justice of the EU is above the national courts. And European laws, likewise, prevail over state ones. But the Constitutional Court of Poland has ruled this Thursday that this is not the case, that there are articles of the EU Treaty that are unconstitutional, that European laws are not above national laws and, therefore, remove the country from the legal system of the European Union.

The decision of the Constitutional Court, postponed several times, considers that the Constitution has preeminence over European laws, which implies the judicial decoupling 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.

Judge Marek Szydlo, who is part of the panel of five constitutional magistrates in charge of passing judgment, had already said a few days ago that at the heart of the matter are “the way in which international law affects the Constitution, including the right to the EU, and the role of the Constitution as the supreme law in Poland, “reports Efe.

One of the open conflicts between Poland and the Luxembourg Court lies in the legality or not of the appointments of judges by the Polish president.

To such an extent there is a conflict between Brussels and Warsaw, that Poland has blocked European recovery funds and cohesion funds in Brussels due to the crusade of its Government – led by PiS, Vox’s main European ally – against LGTBI groups and the judicial independence.

Exactly one month ago, the Community Executive took a further step as the Polish Government continues its assault on the country’s judiciary and its defiance of the pre-eminence of community legislation over state law.

Thus, the European Commission asked the Court of Justice of the EU to impose economic sanctions on Poland to ensure compliance with the order of precautionary measures of the Court, which referred to the operation of the Disciplinary Chamber of the Supreme Court of Poland and the suspension of other provisions of Polish law affecting judicial independence.

Secondly, the Commission has also decided to send a letter of formal notice to Poland for failing to take the necessary measures to fully comply with the judgment of the Court of Justice (of 15 July 2021), which states that Polish legislation on the scheme disciplinary action against judges is not compatible with EU law.

“The Court confirmed all the claims made by the Commission. The Polish disciplinary regime undermines the judicial independence of Polish judges and does not ensure the necessary guarantees to protect judges from political control”, says Brussels: “If the Court of Justice determines If a Member State has failed to fulfill an obligation under the Treaty, the State is obliged to take the necessary measures to fully comply with the judgment of the Court of Justice “.


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