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Poland court: Polish law outweighs European law


Correspondent Wouter Zwart:

“This ruling could have major consequences for the future within the European Union. But nothing is certain, this ruling has only just been announced. The Polish government is happy with the ruling. The Constitutional Court of Poland consists mainly of people who sided with the government.This statement really steers towards a direct confrontation with Brussels.

It is a hard clash between Poland, which has been a member since 2004, with the EU. The European Court, the European Commission and the EU have strongly criticized the recent interventions by Polish politicians in the judiciary.

Poland says judges from the days of communism are now being replaced. But the EU believes that this intervention corrupts the judiciary. For example, many critical judges are prosecuted.”

EU correspondent Kysia Hekster:

“With this court ruling, Poland is really putting a bomb under the legal order of the European Union. Because the intention is precisely that EU law, where agreed, takes precedence over national laws. Then there is only one reaction possible from Brussels and that’s a harsh response, we’ll have to wait and see how tough it will be.

One possible instrument that Brussels holds is a financial instrument. Poland is entitled to 24 billion euros in subsidy from the corona recovery fund. The country has submitted plans for this and the EC has still not approved those plans. Officially, that has nothing to do with legal naughtiness in Poland, but you hear in the corridors that the EC has always been waiting for it.

It is said by lawyers in Poland and the EU that it is a legal Polexit. Because it cannot be the case that you comply with the laws when it suits you, but you can take advantage of the benefits such as subsidies. And Brussels is afraid that other countries may follow suit. Brussels must therefore act.”

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