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Thursday, October 28, 2021

Constitutional Tribunal on the superiority of EU law over national law

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The Constitutional Tribunal will continue examining the application of Prime Minister Mateusz Morawiecki regarding the principle of the supremacy of EU law over national law, enshrined in the treaties. On September 22, “due to new circumstances and new allegations raised,” the hearing was adjourned by the President of the Constitutional Tribunal, Julia Przyłębska.

The full Constitutional Tribunal is to continue the hearing initiated by Prime Minister Mateusz Morawiecki’s motion from the end of March, concerning the constitutionality of some of the provisions of the Treaty on European Union. The allegations contained in the application of the prime minister, which is nearly 130 pages long, include, 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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The prime minister formulated this conclusion after the judgment of the Court of Justice of the European Union in early March on the possibility for courts to control the correctness of the process of appointing a judge. The head of government questioned the provisions which, in the challenged meaning, entitle or oblige the authority to withdraw from the application of the Polish constitution or require the application of legal provisions in a manner inconsistent with it.

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Postponed hearings of the Constitutional Tribunal

The prime minister also appealed against the norm of the Treaty within the meaning of which it authorizes or obliges the body to apply a provision which, pursuant to a judgment of the Constitutional Tribunal, has lost its binding force. The prime minister’s constitutional reservations are also raised by the provision of EU law he has challenged, within the meaning of which the court is entitled to control the independence of judges appointed by the president and the resolutions of the National Council of the Judiciary on the appointment of judges.

Recently, the Constitutional Tribunal dealt with the matter on September 22nd. The hearing has been interrupted She was then left before the judges’ questions to the participants in these proceedings – as the president of the Tribunal Julia Przyłębska said – in order, inter alia, for the judges to prepare “insightful questions” to the parties.

On August 31, a break was ordered in connection with motion by the Ombudsman, Marcin Wiącek on the exclusion of judge Stanisław Piotrowicz – the Commissioner for Human Rights pointed out, inter alia, that this judge, still as an MP and representative of the PiS parliamentary club, was “one of the key politicians who introduced changes to the judiciary”.

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