The Constitutional Court, close to the National-Conservative Government in Warsaw, said that “EU bodies operate outside the skills entrusted to them in the Treaties”.
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It was a long-dreaded scenario, both by the Polish democratic opposition and the associations of judges only by the European institutions. Thursday, October 7, the Polish Constitutional Court, the Orders of the National Conservative Majority (Law and Justice), issued a perceived judgment as a questionable one of the foundations of the European Union (EU): the rule of law European on national rights. While the Court of Justice of the European Union (CJEU) multiplies the unfavorable judgments in Warsaw, the highest Polish legal authority has ruled that the interpretation of the cjue European treaties is, on certain points, incompatible with the Constitution. Polish.
The judgment is a new stage of the conflict that has been opposing the European institutions to the Polish populist government about its reforms that question, in the opinion of the unanimity of lawyers, the independence of justice and the foundations of the rule of law. Warsaw sends, through its highest legal authorities, a clear message: Brussels’s interferences in this reform process will not be recognized. For many observers, this political decision opens a breach in the European legislative system.
This decision was taken by an institution which was among the first bets under the PIS, upon arrival in the power, in November 2015. Phagocyted by politicized judges, directly appointed by the parliamentary majority, the Constitutional Court is often qualified in Poland “legal anomaly”. His Chairman, Julia Przylbska, is a close man in the country and leader of the majority, Jaroslaw Kaczynski, and the wife of the Ambassador of Poland in Berlin.
Constitutional Court, “Legal anomaly “
The Head of Government, Mateusz Morawiecki, had tabled the motion before the Tribunal in March, when the Luxembourg Court struck a pillar of the controversial judicial reforms put in place by the Worse. “The Constitutional Court acknowledged that the attempt to interference of the CJEU in the Polish judicial system calls into question the principles of rule of law, the primacy of the Polish Constitution and the principle of safeguarding sovereignty in the process European integration, “communicated the institution.
In the opinion of the Tribunal, the national prerogatives can not be exercised by “bodies to which Poland did not transmit its powers” at the risk that the country “loses its legal sovereignty”. The President of the Tribunal, justifying the judgment, pointed out that by folding to these unconstitutional judgments, “Poland can not function as a sovereign and democratic state”; “The Polish Constitution ceases to be the highest legal standard” and “EU organs work outside the skills entrusted to them in the Treaties”. In his iron arm with Brussels, the Polish government will not fail to make this stop a weight argument.
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