The decision is expected to affect the future of Warsaw’s strained relations with Brussels
Poland does not recognize the rule of European Union law because it contradicts the national constitution, the Constitutional Tribunal in Warsaw has 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 founding treaty of the union, he commented.
The Constitutional Court ruled that some provisions of the European treaties and some rulings of the European Court of Justice contradict Poland’s supreme law. Only two of the 14 constitutional judges did not support the decision.
The president of the court, Julia Psilembska, listed a number of provisions of the European treaties that are in conflict with the Polish constitution, TASS notes.
“The priority of constitutional texts over other sources of law derives directly from the constitution of the Republic of Poland,” government spokesman Piotr Müller wrote on Twitter, adding: “Today (once again) this was clearly confirmed by the Constitutional Court.”
The ruling by the Polish Constitutional Court is expected to affect the future of Poland’s already strained relations with the European Union, which has criticized attempts by the Polish Conservative government to exert more influence over the judiciary.
The Constitutional Court was asked to consider whether the principle of priority of EU law and that of loyal cooperation between the EU and member states complies with the Polish constitution in July by Prime Minister Mateusz Morawiecki, but four times postponed its ruling, Reuters notes. .
The European Commission has expressed concern over the decision of the Polish Constitutional Court and will use all the tools at its disposal to protect the advantage of European law, European Commissioner for Justice Didier Reynders was quoted as saying by AFP.
The Belgian EU Commissioner said that he still expected to get acquainted in detail with the decision of the Polish court and stressed that the principle of precedence of European law over national law is an inalienable feature of European justice and is of paramount importance for the EU.
