EU countries have reacted incensed to the ruling of the Polish Constitutional Court. It ruled yesterday that Polish law takes precedence over European law.
At the request of Prime Minister Mateusz Morawiecki, the Constitutional Court considered which weighs more heavily: Polish or European law. Some articles of the treaties of the European Union and some judgments of the EU courts are contrary to the Polish constitution, it was ruled.
It was already expected that the ruling would further sharpen relations between Poland and the other EU countries. “An attack on Europe”, that is how the French Minister of European Affairs calls the judgment of the Polish court. He does not rule out economic sanctions. “It is very serious. There is a risk that Poland will leave the European Union.” He adds that he does not think that scenario is desirable.
Fire
Luxembourg is also very vocal. “This development in Poland is very worrying,” said Foreign Minister Jean Asselborn. “We have to say that Poland is playing with fire.”
German Foreign Minister Heiko Maas also condemns the judge’s ruling and says that countries belonging to the EU must fully comply with all the rules.
The European Commission said in a written statement yesterday that it was “seriously concerned” about the ruling, saying that EU law takes precedence over national law. The Dutch cabinet subsequently announced through a spokesperson for outgoing minister Knapen (Foreign Affairs) that it shared the Commission’s concerns.
happy
In Poland, reactions to the ruling are divided. Prime Minister Morawiecki is pleased in a message on Facebook. “We want a community of respect, not a group where some are more equal than others.” Former Prime Minister and President of the European Council Donald Tusk is calling on pro-European compatriots to take to the streets.
Tusk is leader of the conservative-liberal opposition Civic Platform (PO) party, Poland’s largest opposition party. He calls on people to gather in Warsaw on Sunday to demonstrate against the ruling of the Constitutional Court.
Tapped on the fingers
The European Court in Luxembourg has repeatedly reprimanded Poland for reforms that endanger the independent judiciary. The Polish conservative ruling party PiS (Law and Justice) has been arguing with the European Commission about this for years. The PiS does not want Europe to interfere in the Polish legal system.
Council of Europe anti-corruption body GRECO reported last month that the position of the independent judiciary in Poland since a critical report in 2018 further weakened. In particular, GRECO disagrees with the Polish Disciplinary Chamber for judges. This disciplinary chamber of the Polish court can punish judges. The chamber consists of judges selected by the National Council of the Judiciary, which in turn is appointed by the PiS-dominated parliament.
Also check out this explainer from NOS op 3 about the legal battle between Poland and the EU:
–
