Polish high court rules EU laws violate constitution – JURIST – News



The Polish constitutional court ruled on Thursday that parts of EU law were incompatible with the Polish constitution and said the constitution supersedes EU laws, triggering a legal crisis within the EU.

The judgment was adopted by majority and found that Article 4 (3) of the Treaty on European Union in conjunction with Article 279 of the Treaty on the Functioning of the European Union is incompatible with Articles 2, 7, 8, paragraph 1, 90 (1) and 4 (1) of the Constitution of the Republic of Poland.

The court ruled that ultra vires European laws impose obligations on the Republic of Poland as a member state, prescribing provisional measures to the organizational structure and functioning of Polish courts as well as to the mode of proceedings before these courts. . The case began in April when Polish Prime Minister Mateusz Morawiecki filed a petition asking the Constitutional Court to analyze the “collision between the norms of European law and the national constitution”.

The European Commission has said it reaffirms the rule of EU law. The statement said that the Commission “will analyze in detail the decision of the Polish Constitutional Court and decide on the next steps”, and that it “will not hesitate to use its powers under the Treaties to ensure the uniform application and integrity of Union law. “

President of the European Parliament, David Sassoli, declared that “the verdict in Poland cannot remain without consequences. The rule of EU law must be unchallenged. To violate it is to call into question one of the founding principles of our Union.



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