The Constitution over EU law: the decision of the Warsaw Constitutional Court defines new legal limits for the EU
Twist from Warsaw. The Constitutional Court of Poland has ruled that the country's constitution takes precedence over certain EU laws.
" The effort of the Court of Justice of the European Union to interfere in the Polish judicial system violates the principle of the rule of law, the principle of the primacy of the Polish constitution as well as the principle of maintaining sovereignty in the process of European integration ", the court ruled . This takes the confrontation between Poland and the commission to a higher level, because it disputes the applicability of Brussels laws in the country, and given that, for now, the Commission does not have an armed force to enforce them, there is a risk of reaching one. stall.
As DW reports, the court specifically examined the compatibility of EU treaty provisions, which are used by the European Commission to justify its opinion on the rule of law in member states, with the Polish constitution.
A ruling by the European Court of Justice in March stated that the EU can oblige member states to ignore certain provisions of national law, including constitutional law. The European Court of Justice claims that Poland's recently implemented procedure for appointing members of its Supreme Court constitutes a violation of EU law. The ruling of the European Court of Justice could potentially force Poland to repeal parts of a controversial judicial reform linked to the appointment of the equivalent of the CSM. With its decision, the Polish Constitutional Court disappears, in turn, the decision of the Court of Justice. We recall that the concept of application of the "Rule of law", strongly desired by the center left in the European parliament, imposes a series of rules, theoretically based on European law, which are indigestible on traditionalist countries such as Poland,
The ruling PiS party welcomed the decision, which provides an additional tool in its favor, and will certainly use it for political purposes. "The primacy of constitutional law over other sources of law derives directly from the Constitution of the Republic of Poland," government spokesman PiS Piotr Muller wrote on Twitter after the court's decision. “Today (once again) this has been clearly confirmed by the Constitutional Court”.
To jest Targowica prawna! Konfederacja sił antydemokratycznych przeciwko członkostwu Polski w Unii Europejskiej! To czarny dzień w historii Polski.
– Michał Wawrykiewicz (@MicWawrykiewicz) October 7, 2021
At the same time Warsaw is the May recipient of European funds since 2004, net recipient, not like Italy that pays more than it receives. So the Commission has a strong pressure tool on Warsaw. At the same time, however, Berlin has relocated a substantial part of its most uncomfortable industrial production to its neighbors and cannot afford a permanent economic conflict without negative repercussions. Poland is an important member of NATO which then directly relies on Washington's help towards its Russian and Belarusian neighbors. A very complex game has begun. For now, the Commission reserves the right to study the sentence before reacting, but it will react, and the risk is to reach the Polexit, when Poland leaves the EU
RT @EP_President Today's verdict in Poland cannot remain without consequences. The primacy of EU law must be undisputed. Violating it means challenging one of the founding principles of our Union.
We call on the @EU_Commission to take the necessary action.– Yannis Koutsomitis (@YanniKouts) October 7, 2021
Now a simple thought: in the end Brussels can only blackmail Warsaw with money to counter this ruling. But with regard to Italy, the employer, net, what could he do, in the case of a ruling on the superiority of Italian law over European law? Nothing, because we pay more than we take …
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The article The Constitution over the EU law: the decision of the Constitutional Court of Warsaw defines new legal limits for the EU comes from ScenariEconomici.it .
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