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Constitutional Court. Judgment on the inconsistency of EU regulations with the constitution. Dr Bogna Baczyńska: deepening the chaos

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The Constitutional Court ruled on Thursday that some provisions of the Treaty on European Union are inconsistent with the Polish constitution. The content of the ruling was commented on by Dr. Bogna Baczyńska, a constitutionalist from the University of Szczecin, on TVN24. As she said, “we are at the stage of deepening the existing chaos.” She assessed that the verdict was inconsistent with the Polish constitution, and additionally “put Poles into question the exercise of the great freedoms” granted by the European Union.

The Constitutional Tribunal in full bench chaired by President Julia Przyłębska decided on Thursday that some provisions of the Treaty on European Union are inconsistent with the Polish constitution. The verdict was issued in a case initiated by a motion submitted by Prime Minister Mateusz Morawiecki at the end of March.

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The allegations contained in the application of the prime minister, which is nearly 130 pages long, boiled down to, inter alia, the question of the compliance with the Polish constitution of the principle of primacy of European Union law and the principle of sincere cooperation between the Union and its member states.

READ MORE: Constitutional Tribunal on the incompatibility of EU regulations with the Constitution. Judgment >>>

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The Constitutional Tribunal issued a judgment on the superiority of EU law over national lawTVN24

Constitutionalist: we are at the stage of deepening the existing chaos

Dr. Bogna Baczyńska, a constitutionalist from the University of Szczecin, referred to the content of the judgment on TVN24. As she assessed, “we are at the stage of deepening the existing chaos”. – Today I have heard the quoted quotation from the judgment of the Constitutional Tribunal in 2005 on your air on many occasions, which said what would happen if there was a very serious conflict with EU law – she said. She added that “it was said that, firstly, a pro-EU interpretation should be applied, and secondly, Polish or EU law should be changed or withdrawn from the European Union.”

In the opinion of the constitutionalist, “we do not have these three options, because yesterday’s judgment of the Constitutional Tribunal is inconsistent with the Polish constitution”. – The Polish constitution makes it very clear that international agreements take precedence over statutes. In addition, an even higher position is reserved for the acts of EU law, it is treated specially – emphasized Baczyńska.

Constitutionalist: we are at the stage of deepening the chaosTVN24

Bogna Baczyńska: From a material point of view, yesterday’s sentence is not a sentence

– We cannot change EU law, because the priority principle is the absolute foundation of this legal system. In addition, the priority rule has the effect of protecting those state powers that have been deposited in the EU deposit. It also has a second important function: it protects the rights of citizens, said the constitutionalist.

Constitutional CourtRadek Pietruszka / PAP

In her opinion, “yesterday’s verdict made the exercise of great liberties questionable for Poles”. – Let us not reduce the European Union only to money. Let us remember that there is free movement of people, services, goods and so on – she pointed out.

She also stressed that “from a material point of view, yesterday’s sentence is not a sentence”. – Among other things, because the Constitutional Tribunal is poorly staffed, i.e. it consists of doubles and people who do not have enough legal knowledge or high morale to sit there – added Dr. Baczyńska.

READ ALSO: After the judgment of the Constitutional Tribunal. Comments from the European Parliament >>>

Main photo source: TVN24



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