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Wednesday, October 27, 2021

Constitutional Court. Judgment on the inconsistency of EU regulations with the constitution. The Ombudsman, Marcin Wiącek, comments

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The Ombudsman, Marcin Wiącek, commented in “Tak jest” on TVN24 the judgment of the Constitutional Tribunal regarding the superiority of national law over EU law. – While the Constitutional Tribunal has the competence to control the constitutionality of the treaties, in this case there was a de facto constitutional review of the judgments of the Court of Justice of the European Union, and the Constitutional Tribunal no longer has competence – he noted. He also said that this judgment “could somehow be challenged internationally”.

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

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Wiącek: there was a de facto constitutional review of the CJEU judgments

This verdict was commented on by the Ombudsman for Citizens’ Rights, Marcin Wiącek, in “Tak jest” on TVN24. He pointed out that the representatives of his office presented their position in these proceedings.

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– I regret that it was not included – he added.

Wiącek said that he was of the opinion that the constitution is the supreme law of the Republic of Poland and, at the same time, that European law takes precedence over statutes.

– While the Constitutional Tribunal has the competence to control the constitutionality of the treaties, in this case there was a de facto constitutional review of the judgments of the Court of Justice of the European Union, and the Constitutional Tribunal no longer has competence – he noted.

As he said, the constitutional shape of the Constitutional Tribunal, envisaged by the authors of the 1997 constitution, was such that “the Tribunal is solely responsible for adjudicating on legal provisions, not on acts of law application”. – And judgments, including judgments of the Court of Justice of the European Union, are acts of law application – he added.

– I believe that this type of control was indirectly carried out in this case and for this reason I applied for the discontinuation of the proceedings – pointed out the Human Rights Defender.

Wiącek: this judgment may somehow be challenged on the international forum

Wiącek indicated that “this judgment, which was passed yesterday, will not have legal effect only in the country”. – It will be a judgment of extremely important international importance – he stressed.

– Since we have jurisprudence of international bodies questioning the legitimacy of some members of the adjudicating panel of the Constitutional Tribunal, it should be expected that this judgment may in some way be questioned on the international forum, precisely for this reason – continued Wiącek.

– I tried to present this argument to the Court to consider that precisely because of this important role of this ruling in the light of Polish foreign policy, the bench should be free from any doubts. On my part, such applications were submitted (for the exclusion of some members of the Constitutional Tribunal – ed.) And they were not taken into account – said Marcin Wiącek.

Main photo source: TVN24



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