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Tuesday, October 26, 2021

The Constitutional Tribunal issued a judgment on the superiority of EU law over national law. A government spokesman commented

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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. Government spokesman Piotr Mueller wrote that the ruling “in its essential part takes into account the Prime Minister’s motion.” The Constitutional Tribunal dealt with this matter at the request of Morawiecki.

Constitutional Court on Thursday considered the request of Prime Minister Mateusz Morawiecki regarding the principle of the superiority of EU law over national law enshrined in the treaties. It found that some provisions of EU law asked by the head of government were inconsistent with the constitution. The decision was taken by a majority of votes, two judges dissenting – they were Piotr Pszczółkowski and Jarosław Wyrembak.


Government spokesman: the verdict largely complies with the Prime Minister’s motion

The Tribunal’s ruling was commented on by government spokesman Piotr Mueller. “Today’s judgment largely takes into account the motion of Prime Minister Mateusz Morawiecki. The primacy of constitutional law over other sources of law literally results from the Constitution of the Republic of Poland. Today (once again) it has been clearly confirmed by the Constitutional Tribunal” – he wrote. “It should be emphasized that Poland (on the principles set out in the Constitution of the Republic of Poland) respects the applicable norms of EU law to the extent that they have been established in areas explicitly and expressly provided for in the EU treaties. A clear and clear division of these competences is the basis for the sovereignty of the Member States and good functioning of the EU “- he added in the next entry.

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Read more: Jarosław Kaczyński on the judgment of the Constitutional Tribunal

Government spokesman: this is a binding interpretation for the judiciary and public institutions

The government spokesman spoke more about the judgment of the Constitutional Tribunal in an interview with the Polish Press Agency. – Let us remember that, among others, in Germany, France, the Czech Republic, Denmark, Spain and many other countries of the European Union it has already been directly stated in many cases that the constitution has superiority over EU law. The Polish Constitutional Tribunal stated similarly. Anyway, he did it again – he argued.

When asked whether certain provisions of Polish law would have to be changed after the judgment of the Constitutional Tribunal, he replied that the judgment was a binding interpretation for the judiciary and public institutions. – Today’s judgment is a so-called scope judgment, i.e. it indicates that certain provisions of the EU treaties do not comply with the provisions of the Polish constitution, as long as they are interpreted broadly and go beyond the competences that are explicitly indicated in the EU treaties. This is a binding interpretation for the judiciary and public institutions, emphasized Mueller. He stressed that the ruling did not affect any areas where the EU had competence under the Treaties. – We are talking about competences that are directly and literally mentioned in the EU treaties – that is in specific areas concerning competition rules, trade, consumer protection, the flow of services and goods – explained the government spokesman.

Main photo source: Mateusz Marek / PAP

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