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Thursday, October 21, 2021

The European Commission is reacting to the ruling of the Constitutional Court

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The European Commission issued a communiqué in connection with Thursday’s ruling of the Constitutional Tribunal on the superiority of national law over the EU law. She emphasized that she would analyze them in detail and decide on further steps. She also announced that she would “not hesitate to use her powers under the Treaties to protect the uniform application and integrity of EU law”.

“The Commission upholds and confirms the fundamental principles of the EU legal order, namely that: EU law takes precedence over national law, including constitutional provisions; all judgments of the Court of Justice of the EU are binding on all authorities of the Member States, including national courts,” the European Commission.


She also announced that she would analyze in detail the ruling of the Polish Constitutional Tribunal and would decide on further steps. “The Commission will not hesitate to use its powers under the Treaties to protect the uniform application and the integrity of Union law,” stressed the Communication.

Judge Sochański: The Constitutional Tribunal does not exclude that it will review the constitutionality of the CJEU judgments, including their removal from the Polish legal system (excerpt from the judgment of the Constitutional Tribunal)TVN24

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“The European Union is a community of values ​​and rights that must be respected in all Member States. The rights of Europeans under the treaties must be protected wherever they live in the European Union. The task of the European Commission is to ensure the proper functioning of the Union’s legal order and it will be continue to do so, “the Commission said.


Didier Reynders: we will react firmly

– It’s too early to go into details. We are concerned. The European Commission emphasizes the primacy of European Union law. These are the principles that have underpinned the Union from the beginning. Firstly, the judgments of the Court of Justice of the European Union are binding on all national courts. Secondly, the primacy of EU law, and thirdly, the Court has the competence to assess compliance with EU law, emphasized EU Justice Commissioner Didier Reynders.

– We will use all possible instruments to ensure compliance with these rules – he announced. – It is too early to say now when we will react. We will have to wait for publication, but we will react firmly to protect citizens and the free market, because this is the core of the Union. We are currently discussing the Reconstruction Fund. We are continuing to evaluate the plan and are starting the process of the conditionality mechanism, as the head of the European Commission already mentioned in her speech, but it is too early to say more. We have to read the justification – he added.

Ruling of the Constitutional Tribunal

On Thursday, the Constitutional Tribunal, after examining the application of Prime Minister Mateusz Morawiecki, ruled that European regulations, to the extent that the bodies of the European Union operate outside the limits of powers conferred by Poland, are inconsistent with the Polish constitution.

The Constitutional Tribunal also found unconstitutional the European provision authorizing national courts to bypass the provisions of the constitution or adjudicating on the basis of repealed norms, as well as the provisions of the EU Treaty entitling national courts to review the legality of the appointment of a judge by the president and resolutions of the National Council of the Judiciary on the appointment of judges.

Main photo source: Radek Pietruszka / PAP

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