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Thursday, October 21, 2021

Judgment of the Constitutional Tribunal on the superiority of EU law over national law, announced. Professor Marcin Matczak comments

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The Constitutional Tribunal decided on Thursday that some provisions of the Treaty on European Union asked by Prime Minister Mateusz Morawiecki are inconsistent with the Polish constitution. The judgment of the Constitutional Tribunal was commented on in “Kropka nad i” by Professor Marcin Matczak from the Faculty of Law and Administration of the University of Warsaw. He assessed that “this is not a legal polexit, but the next step towards such polexit”. – It is very bad, but unfortunately it can be worse – he added. He also argued that the possible consequences of this ruling would depend on the attitude of Polish judges.

Thursday The Constitutional Tribunal recognizedthat selected provisions of the Treaty on European Union are inconsistent with the constitution. Dissenting opinions were submitted by judges Piotr Pszczółkowski and Jarosław Wyrembak. The hearing was initiated by the motion of Prime Minister Mateusz Morawiecki regarding the principle of the superiority of EU law over national law, enshrined in the treaties.

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Professor Matczak: whether the decision of the Constitutional Tribunal will do something wrong depends on whether the judges will be brave

Professor Matczak commented on the judgment of the Constitutional Tribunal in “Kropka nad i” on TVN24.

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– Whether this decision today will do something very bad to our legal order depends on whether our judges will be brave and apply EU and international law – because what happened today, in a certain sense legally, does not exist – or intimidated, perhaps by disciplinary proceedings, will, however, be subject to this absurd, as I emphasize, and completely untrue, incorrect interpretation – he assessed.

According to Matczak, this day “is not as black as some draw it, because it is not a legal polexit, but another step towards such polexit”. “So it is very bad, but unfortunately it can be worse,” he added.

Main photo source: PAP / Piotr Nowak



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