Polish information center said on Tuesday that Poland had informed the European Commission that its national constitution takes precedence over the law of the European Union, marking a new escalation in the showdown between the country and the EU judiciary over compliance with EU laws
MOSCOW (Pakistan Point News / Sputnik - 17th August, 2021) Polish information center said on Tuesday that Poland had informed the European Commission that its national constitution takes precedence over the law of the European Union, marking a new escalation in the showdown between the country and the EU judiciary over compliance with EU laws.
On Monday, Poland addressed the European Commission's accusations that the country is not observing the rule of law.
"[Poland] stressed that the Constitutional Court [of Poland] has controlled whether EU laws are consistent with the Constitution since Poland entered the European Union... Under Article 8 Part 1 of the Constitution of the Republic of Poland, it is the supreme law, with the precedence [of the Constitution] proceeding from the principle of the nation's sovereignty, set forth in Article 4 Part 1 of the Constitution," Poland said in its response.
Poland also referred to the decisions on similar issues of several constitutional courts of EU member-states, including the Czech Republic, Denmark, Germany, France, Romania and Spain. In case of these states, the jurisdictions of national Constitutional courts raised no concerns, according to Poland.
This comes as legal showdown between Poland and the EU judiciary escalates. On July 15, the EU Court of Justice ruled that Poland's judiciary system was inconsistent with the European law, including controversial disciplinary procedure for judges. Poland refused to abolish the Disciplinary Chamber of the Supreme Court as requested by the EU court.
Last February, Polish President Andrzej Duda signed a law amending the legislation on common courts and the Supreme Court in a way that empowers politicians to fine and fire judges, including for criticizing the president. The move has caused a backlash in Brussels, where the new law is seen as a threat to the rule of law in Poland in violation of EU democratic standards.
The European Commission has repeatedly warned the Polish government about its readiness to invoke Article 7 of the Lisbon Treaty, which would suspend Poland's membership rights in the European Union, such as voting in the European Council.
