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Thursday, October 21, 2021

Prime Minister’s application on EU law in the Constitutional Tribunal. Marcin Matczak comments

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The Prime Minister’s application to the Constitutional Tribunal shows the government’s anti-EU intentions, assessed Professor Marcin Matczak on TVN24. The Constitutional Tribunal is to examine the constitutionality of the principle of the supremacy of EU law over national law. – This is looking for a tool so as not to look like an idiot in talks with judges and the European Union – he said.

Constitutional Court led by Julia Przyłębska is expected to continue examining the Prime Minister’s request to examine the constitutionality of the principle of the supremacy of EU law over national law.


The guest of “Rozmowy Piasecki” was Professor Marcin Matczak from the Faculty of Law and Administration at the University of Warsaw.

He assessed that “this is a serious request and a serious matter” which “shows the anti-EU intentions of the Polish government”. – Legally, this proposal is the government’s self-defense against judges who want to challenge the reform. He is to provide the prime minister with a tool so that he can say that if someone wants to question our reform here in Poland, we will have a stick against him in the form of a judgment of the Constitutional Tribunal, he explained.

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However, in Matczak’s opinion, “as to the overall relationship with the European Union, he will not legally change as much as it is said”.

– This is a situation in which they (the rulers – ed.) Are given weapons. Firstly, internally, to tell judges: “you cannot question our nominees even though they are political”, and externally, because in talks with the European Union they can pretend to be a good policeman and say: “we would like to, but the Constitutional Tribunal would not allow” – he said guest of TVN24.

The Prime Minister’s conclusion – said Matczak – “this is looking for a tool not to look like an idiot in these talks”. – There are few arguments, and here the Tribunal will produce only one – he added.

Main photo source: TVN24

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