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Poland does not recognize the rule of law of the European Union because it contradicts the national constitution, the Constitutional Tribunal in Warsaw ruled. Thus, for the first time in the history of the European Union, a leader of a member state successfully challenged before the national judicial system a fundamental part of the fundamental treaty of the union, commented the BBC.
The government’s persistence in Warsaw also calls into question tens of billions of euros in EU funds and aid plans for the country. With today’s decision, the tribunal, equivalent to the Constitutional Court in Bulgaria, in fact refuses to recognize more decisions of the Court of Justice of the European Union. Without the possibility for the EU’s highest court to rule on disputes affecting the legal framework and to protect the Union’s finances, funds for Poland could be frozen indefinitely. Private and public investors may withdraw if they consider that their means and interests are not sufficiently protected.
The European Commission’s first reaction is that what has happened is a matter of “serious concern”. The statement recalled that “EU laws take precedence over national legislation, including constitutional texts”.
“Any decision of the Court of Justice is binding on the authorities in all member states, including national courts,” the European Commission added. “We will not hesitate to use our powers under the treaties to protect the universal application and integrity of Union law.”
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The challenge came in March from Polish Prime Minister Mateusz Mazowiecki of the conservative Law and Justice Party. He asked to overturn a ruling by the European Court of Justice, according to which the government’s new system for electing judges in Poland in 2018 contradicts EU law. In practice, Morawiecki wants Polish judges not to apply these laws to challenge the legitimacy of judges appointed after the changes in Poland. These changes have been criticized by the European Commission and a number of international legal organizations for undermining the independence of the judiciary and increasing political control over the courts.
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The Constitutional Tribunal is currently dominated by judges sympathetic to Law and Justice. Some of them are former members of this party. Judges decided today that Polish judges should not invoke EU law to argue that their colleagues are not independent.
In September, the European Commission asked a Luxembourg court to impose a fine that Poland would pay every day as long as the new Supreme Court chamber, which has the power to sanction judges for the content of their decisions, continues to operate. According to those challenging this part of the judicial reform, the chamber is used to punish judges critical of the government’s changes in the administration of justice.
At this stage, it is important to note that the decision has not yet entered into force. This happens when it is published in the State Gazette and this usually happens within a few days. But the BBC correspondent recalls that the decision to ban abortions in Poland, which provoked thousands of protests, was published by the government three months later.
This trick can be applied now, because Brussels has not yet approved the Polish Recovery Plan, which provides for 57 billion euros from the EU. As the issue is being discussed with the European Commission, she said Prime Minister Morawiecki’s appeal to the Constitutional Tribunal delayed approval. It is possible that Warsaw has tried to bend its arms, but such tactics are quite risky, because now the tension will increase sharply. Including because the government is fighting for the rule of law, EU values, freedom of the media, the rights of LGBT communities and others.
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“Law and Justice” denies having plans for Polexite and insists that it only reorganizes its judicial system, makes it more efficient, and cleanses it of the remnants of communist-era influence for which it has sovereign rights.
On Thursday, Judge Bartholomew Sochanski said “in the Polish legal system, the EU Treaty is subject to the Constitution and, like any other part of the Polish legal system, must comply with the Constitution”.
Morawiecki’s comment was that “in Poland, the highest legal act is the Constitution, and all European regulations in force in Poland must comply with the Constitution.” “This also applies to the justice system and the EU has nothing to say,” he added.
In its decision, the Constitutional Tribunal says that it not only has the right to check whether EU laws comply with the Constitution, but also to rule on the decisions of the Court of Justice.
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