The Polish Constitutional Court decided on Thursday that certain provisions of the Treaty on the European Union are not in accordance with the Polish Constitution. According to the majority opinion of the panel, EU membership does not mean that the decisions of the Court of Justice of the European Union are binding on the member states. After the decision, the European Commission reacted quickly: according to Brussels, the decision raises serious concerns.
At the request of Prime Minister Mateusz Morawiecki in March, the robed body examined the question of the primacy of EU law and the Polish constitution. Due to a decision of the Court of Justice of the European Union (CJEU), Morawiecki requested a review of the provisions of the EU Basic Treaty, which speak about the powers of the CJEU, as well as the loyal cooperation of the member states and the importance of their sovereignty.
In its decision, the robed body in Warsaw confirmed the judgments of the Constitutional Court in previous years and stated, among other things, that it contradicts the Polish constitution if certain EU regulations authorize the courts to review judicial appointments made by the head of state.
The provisions of the EU Treaty, which entitle the courts to disregard the national constitution and to make decisions based on previously invalidated legislation, are also not in line with the Polish Basic Law, the Warsaw Constitutional Court concluded.
He also found that the steps taken by Brussels, referring to the basic EU treaties, by exceeding the powers delegated by Poland, do not comply with the Polish constitution.
Constitutional judge Bartlomiej Sochanski, explaining the justification for Thursday's ruling, did not rule out that the decisions of the European Court of Justice will also be subject to a constitutional court investigation.
The European Commission responded to the Polish decision in a statement, in which they confirmed that EU law takes precedence over national law, including constitutional provisions.
The European Commission emphasized: the decision of the Polish Constitutional Court calls into question the primacy of EU law and the authority of the Court of Justice of the European Union. He stated: all decisions of the EU court are binding on the authorities of the member states, including national courts.
"The European Union is a community of values and law, which all member states must respect. The rights of Europeans, deriving from the EU treaties, must be protected, regardless of where they live in the European Union," said the statement, emphasizing that the European Commission's task is to ensure the proper functioning of the EU's legal system.
Source: MTI
