European Commission President Ursula von der Leyen said on Friday that she was “deeply concerned” by the decision of the Polish Constitutional Court challenging the supremacy of the EU treaties, and assured that she would do everything in her power to ensure the supremacy of European legislation. in the interests of the rights of Polish citizens and the predictability of business.
“EU law takes precedence over national law, including constitutional provisions,” Von der Leyen said in a statement after Poland’s Constitutional Tribunal said on Thursday that it would not follow the principle of the supremacy of European law over national law, as it contradicts of the country’s constitution.
“Our treaties are very clear. All European Court decisions are binding on all Member States’ authorities, including national courts. EU law takes precedence over national law, including constitutional provisions. This is what all EU Member States have, have signed as members of the European Union. We will use all the powers we have under the treaties to ensure this, “the European Commission President said in a written statement.
The European Commission, meanwhile, has said it will analyze the ruling and will not comment on what action it would take until it is finalized. The Commission has various punitive instruments, including financial ones, to discipline countries that do not comply with European law. However, it has no right to propose expulsion of members. This can only be done at the request of a country wishing to leave the union. Polish Prime Minister Mateusz Morawiecki commented on Friday that Warsaw has no such plans.
EU Justice Commissioner Didier Reynders later explained that the European Court of Justice could impose financial sanctions on Poland in the form of a daily fine until the controversy is resolved.
Brussels also maintains its approval of Poland’s recovery and sustainability plan, with no deadline for doing so. A spokesman for the European Commission said that “in order to approve the plan, we must be satisfied with the way in which sufficient national recommendations have been responded to by the Polish authorities”, adding that the rule of law is among them.
The Constitutional Tribunal of Poland is one of the judicial bodies whose independence from the executive is in doubt by the European Commission and for which it conducts various investigations, criminal proceedings and court cases.
A spokesman for the European Commission declined to say whether Von der Layen retains confidence in Polish Prime Minister Morawiecki, who authored the question to the constitutional court, in response to which the decision was made on Thursday. He wonders whether the EU can stop Warsaw’s intention to reorganize its judiciary.
Constitutional magistrates have repeatedly postponed their ruling, but the Polish government is not taking advantage of this to withdraw its request. The reason is a July ruling by the European Court of Justice, which requires Poland to dissolve its Supreme Court’s disciplinary board, which deals with the career development of judges, over fears that it is not independent of political power. The chairman of the ruling Law and Justice Party, Jaroslaw Kaczynski, said in the summer that this would be done, but according to the European Commission, the board continues to work and look after penalties, promotions and dismissals of judges.
Echo from the capitals
German Foreign Minister Heiko Maas was quoted by Reuters as urging Poland to abide by all European Union laws.
“If a country decides to be part of the EU, it must fully comply with the common rules,” Maas told the Funke newspaper group on Friday, adding that Germany fully supports the European Commission in its efforts to ensure the implementation of EU law in all 27 Member States.
The Polish government is playing with fire, warned Luxembourg Interior Minister Jean Asselborn.
“Developments in Poland are very, very worrying … We must make it clear that this government in Poland is playing with fire,” Asselborn said on arrival at a meeting of EU interior ministers in Luxembourg.
“The rule of European law is essential for Europe‘s integration and coexistence in Europe. If this principle is violated, Europe as we know it, as it was built by the Treaties of Rome, will cease to exist,” Asselborn said.
French European Affairs Minister Clement Bonn said the decision by Poland’s Constitutional Tribunal was an attack on the EU that could lead to economic sanctions against Warsaw.
According to Le Bon, “there is a de facto risk of leaving the European Union.”
What does Warsaw say?
“We want a community of respect, not a grouping of those who are more equal than others. This is our community, our union. This is the kind of union we want and will create,” Morawiecki said in a Facebook post. of the decision of the constitutional magistrates.
The Prime Minister confirms that Warsaw does not aspire and does not want to leave the EU.
