EU Commission President Ursula von der Leyen wants to respond to the decision of the Polish Constitutional Court by all available means. Because the Poles have decided that their federal constitution takes precedence over EU law. Brussels does not want to put up with that.
“I am deeply concerned about yesterday’s ruling by the Polish Constitutional Court,” the German politician said in a statement on Friday. I have instructed the circles of the Brussels Authority to analyze the verdict accurately and quickly. Next steps will be determined on this basis.
Polish law on EU law
What happened? in one Judgment from Thursday The Polish constitutional guardians declared that essential parts of the European treaties are incompatible with the Polish constitution. Polish law should generally take precedence over EU law. Any attempt by the European Court of Justice (ECJ) to interfere in the Polish judicial system would violate “the rule providing for the preservation of sovereignty in the process of European integration”.
So Poland is daring to fight a big battle with the European Union. Same goal in Switzerland self-determination initiative The first vice president, who wanted to place the validity of Swiss law before the rulings of foreign EU judges. The initiative was rejected by the people and the cantons in 2018.
We will use all our strength.
But you see it quite differently in Brussels. After taking note of the Polish ruling, von der Leyen emphasized that in accordance with the treaties of the European Union, all rulings of the European Court of Justice are binding on the authorities and courts of the member states. “EU law takes precedence over national law, including constitutional provisions.” All EU countries have committed to this as members of the European Union. “We will use all the powers we have under the treaties to ensure that.”
What steps can the Brussels Authority take now, von der Leyen and the speaker were left open on Friday. It might be conceivable, for example, to start a so-called infringement procedure, which could lead to another complaint before the European Court of Justice and eventually to financial penalties.
“Polexit” is hardly realistic
The Polish Constitutional Court ruled Thursday evening that parts of EU law are inconsistent with the Polish constitution. This fundamental decision calls into question the cornerstone of the European legal community. However, the conflict is unlikely to end with “Polexit”, that is, the exit of Poland from the European Union as shown by Great Britain. A clear majority of the Polish population continues to support membership in the union. (SDA/CT)
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