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EU. The European Commission is suing Poland to the CJEU. These are the judgments of the Polish Constitutional Tribunal

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The European Commission has referred Poland to the Court of Justice of the European Union in connection with the rulings of the Polish Constitutional Court regarding the primacy of EU law.

European Commission in December 2021, launched an infringement procedure against Poland due to reservations regarding the Polish Constitutional Tribunal, which in its judgments of July 14, 2021 and October 7, 2021, found the provisions of the EU treaties to be incompatible with the Polish constitution, questioning the principle of the primacy of European Union law.

In July 2022, the Commission moved to the second stage of the procedure, considering the Polish response to the allegations to be insufficient and demanding that the Polish regulations be restored to the law of the European Union.

This was not enough, so on Wednesday the European Commission prepared a complaint to the Court of Justice of the European Union, which will decide whether the rulings of the Polish Constitutional Tribunal violate EU law.

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CJEUShutterstock

The Commission is challenging the judgments of the Polish Constitutional Tribunal

In the July verdict Constitutional Court challenged the provisional measures issued by CJEU based on Article. 279 of the Treaty on the Functioning of the European Union in order to guarantee effective judicial review by an independent and impartial tribunal established by law.

In October, the Constitutional Tribunal found the interpretation of Art. 19 sec. 1 of the Treaty on European Union by the CJEU, according to which national courts may review the legality of the procedure for appointing a judge and comment on any defects in the appointment process in order to check whether the judge or the court in which the judge is adjudicating meets the requirements of Art. 19 sec. 1 TEU.

The Commission considers that the judgments of the Constitutional Tribunal infringe the general principles of autonomy, primacy, effectiveness and uniform application of Union law and the principle of the binding effect of judgments of the Court of Justice of the European Union.

Furthermore, the Commission has serious doubts as to the independence and impartiality of the Constitutional Tribunal and considers that it no longer constitutes an independent and impartial tribunal previously established by statute as required by Art. 19 sec. 1 TEU.

Author:Maciej Sokołowski, ft/kg

Main photo source: Shutterstock



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