Professor Andrzej Zoll commented in “Fakty po Faktach” on TVN24 on Thursday’s judgment of the Constitutional Tribunal and a fragment of the justification regarding the possible proceedings of the Constitutional Tribunal against the judgments of the Court of Justice of the European Union. – This is a demonstration that the Constitutional Tribunal will decide on Poland’s withdrawal from the European Union – he assessed.
Constitutional Court considered on Thursday the request of Prime Minister Mateusz Morawiecki regarding the principle of the supremacy 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.
In the justification of the judgment, judge Bartłomiej Sochański stated that if the Court of Justice of the European Union continues to “undermine the position of the (Constitutional) Tribunal, question the universal force of its judgments and question the status of judges” direct compliance with the constitution of the judgments of the Court of Justice of the European Union, including their removal from the Polish legal system. “
Zoll: If we question the competences of the CJEU, it means that we no longer belong to the EU
Professor Andrzej Zoll, former president of the Constitutional Tribunal, was a guest of “Fakty po Faktach” on TVN24 on Thursday. When asked about the words from the justification of the judgment, he replied: – This is to show that the Constitutional Tribunal will decide on Poland’s withdrawal from the European Union.
Zoll emphasized that “if we question the competences of the Court of Justice of the European Union, it means that we no longer belong to the European Union”.
– We have a problem here that three judges of the Tribunal were appointed to perform this function in a manner inconsistent with the constitution. Our entire tribunal is unfortunately the so-called tribunal – added the TVN24 guest.
Zoll: The independence of the Polish judge is not only a matter for Polish citizens
Zoll said it was “difficult to interpret a ruling that deals with a problem that wasn’t there.” – We have had no doubts so far that the treaty is in line with the constitution. This was confirmed by the Constitutional Tribunal a long time ago, he reminded.
Now, he added, “the problem of the treaty’s constitutionality was raised against a completely different background.” – Now it is about the compliance of Polish laws with European law and with the Polish constitution. This applies to those laws that can be called the so-called judicial reform. They are contrary to the constitution and to the fundamental principles of European law. They violate the independence of judges and the independence of the courts – added the professor.
As he said, “the authorities in Poland explain that the European Union, and thus the CJEU, has no competence to administer justice”. – This is a false clue that the Union has no competence when it comes to the organization and system of the judiciary, while the problem of the independence of a judge is another thing. “This is a matter of civil rights,” he emphasized.
Zoll explained that “the independence of the Polish judge is not only a matter for Polish citizens, but it is a matter for all citizens of the European Union, because they can have contacts with the Polish justice system.” – It will be important for them whether the judge adjudicating in their case is an independent judge – he said.
Main photo source: TVN24