First modification:
The Polish high court declared that certain parts of the European Union (EU) treaties are incompatible with its Constitution and that the bloc does not have the power to evaluate national justice. For its part, the EU replied that it will safeguard community law. The ruling comes in a climate of tension between Warsaw and Brussels over the rule of law.
This Thursday, October 7, the Constitutional Court (TC) of Poland declared that certain parts of the European Union treaties are not compatible with the Polish Constitution. The ruling was approved by three of the five magistrates of the court.
The court declared that “the European Union does not have competence to evaluate the Polish Justice and its functioning”, which gives wings to the Government not to submit to the Brussels mandates, among which is to dismantle a judicial reform promoted by the ruling party that the bloc does not see with good eyes because it considers that it threatens the independence of the Judicial Power.
Jaroslaw Kaczynski, leader of the ultra-conservative Law and Justice (PiS) party of current Prime Minister Mateusz Morawiecki, welcomed the ruling: “In Poland, the highest legal act is the Constitution and all European regulations that are in force in Poland must comply with the Constitution, “he assured.
It was precisely the Government of Morawiecki that presented a question last March to the TC, questioning whether community regulations prevailed over national ones.
From Brussels, the court was expected to respond with a ruling that would defend the bloc’s regulations, which establish that its laws are higher than those of any member country, however, the vote leaves relations between both parties even more tense.
The European Union reacts on the ruling of the Polish Justice
After hearing the news, Brussels said it will analyze the ruling before making future decisions. The Community Justice Commissioner, Didier Reynders, requested time to study the decision of the Polish Justice, although he assured that sooner or later there will be a response.
“A series of principles on which our Union is founded are being questioned, and this justifies the (European) Commission, as guardian of the treaties, to take action on the matter. (…) We have been acting for some time. in this area and we will do it again, “he settled.
The European Commission also reacted through a statement, in which it expressed its “concern” and defended that common standards continue to prevail over national ones. “All judgments of the European Court of Justice are binding on the authorities of all Member States, including national courts,” the letter said.
The sentence comes at a time of tension between Poland and the EU
The ruling comes at a time of tension between Warsaw and Brussels. The sentence was postponed four times. Some critics saw the delays as a strategy to pressure Brussels to accept the Warsaw National Recovery Plan.
This program is intended to deter the effects of the pandemic, however, it is linked to compliance with the rule of law, something about which Brussels is especially critical around Warsaw. The only countries that have yet to get European Commission approval are Poland and Hungary, although in early October EU officials said the plans could be approved in November if the country complied with EU regulations.
The PiS is immersed in a dispute with Brussels, focused on the independence of the courts, but also on the freedom of the media in the country and the guarantees of respect for the rights of LGBTI + people, all factors against which Brussels considers that the current ultra-conservative government is attentive.
PiS denies seeking Poland’s exit from the European Union
For Brussels, the Polish Government is trying to weaken the judicial independence of the country through radical reforms and therefore speculation regarding a possible intention of the Polish Government to leave the bloc have surfaced in recent months and years.
For its part, the PiS ensures that the modifications are aimed at making the courts more efficient and eliminating communist traces. At the same time, he denies having plans to star in a possible ‘Polexit’, a name that has been given to a hypothetical exit of Poland from the European Union, in reference to the Brexit that the United Kingdom starred in.
On September 15, Kaczynski said that speculation about a ‘Polexit’ is part of “a propaganda idea that has been used many times against the government.” And he added that “the future of Poland is to be in the European Union.”
.