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Constitutional Court. Judgment on the inconsistency of EU regulations with the constitution. The largest EU factions comment on the verdict

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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 largest political groups in the European Parliament responded to the decision of the Constitutional Tribunal. “European Union member states cannot stand idle while the Polish government continues to dismantle the rule of law,” said the spokesman for the European People’s Party, MEP Jeroen Lenaers. According to the European Conservatives and Reformists, who include Law and Justice, the EU “has no right to interfere with how judges are appointed” in the member states.

The full Constitutional Tribunal, under the chairmanship of President Julia Przyłębska, continued the hearing on Thursday, initiated by Prime Minister Mateusz Morawiecki’s motion from the end of March, regarding the constitutionality of some of the provisions of the Treaty on European Union. The Constitutional Tribunal decided that some of the EU regulations asked by the head of government were inconsistent with the constitution.


Constitutional Tribunal: inconsistency with the constitution of selected provisions of the Treaty on the EUConstitutional Court

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.

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EPP: The Constitutional Tribunal has put Poland on the road to polexit

“It is hard to believe the Polish authorities and Law and Justice when they say that they do not want to end Poland’s membership in the European Union. Their actions are going in the opposite direction. Enough. The Polish government has lost its credibility. This is an attack on the EU as a whole” – stated the Dutch MEP and Jeroen Lenaers, spokesman for the European People’s Party for Justice and Home Affairs.

In his opinion, “by declaring the incompatibility of the EU treaties with Polish law, the deprived Constitutional Tribunal in Poland directed the country on the road to polexit.” “The more that he announced this verdict in response to the motion of Prime Minister Mateusz Morawiecki. Through this motion, Morawiecki not only legitimized the illegal judiciary system in Poland, but also questioned the foundations of the European Union. He did it despite the appeals of the entire democratic world” – added the EPP politician.

A protest before the Constitutional TribunalPAP / Radek Pietruszka

“The member states of the European Union cannot stand idly by while the Polish government continues to dismantle the rule of law. Neither can the European Commission. Our money cannot finance governments that deny and mock our commonly agreed rights. Consequences must be drawn, and the European Commission should immediately use every opportunity to stop sponsoring autocrats in Warsaw “- noted the politician, whose statement was published on the website of the largest group of the European Parliament.

“The European Commission must activate the conditionality mechanism”

According to the group of Socialists and Democrats on Thursday, “the dark scenario has come true in Poland”. “The PiS-controlled Tribunal disregarded the primacy of EU law, violating the foundations of the European Union. Polish judges adjudicating on the basis of European Union law may be accused” – wrote the S&D social media release.

“The European Commission must activate the conditionality mechanism and initiate infringement proceedings,” he added.

The PiS faction defends the Tribunal’s decision

The decision of the Constitutional Tribunal was defended by the faction of European Conservatives and Reformists, which includes Law and Justice. “Those who talk about Polexit should be reminded that our Union was established by the Member States to serve them – not the other way around” – the groups indicated on social media. “The European Union has no right to interfere with how judges are appointed in democratic member states,” he added.

Main photo source: PAP / Radek Pietruszka

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