For the Docture in European Law Tania Racho, the decision of the Polish Constitutional Court does not put Warsaw “on the way to an exit from the EU”. Poland intends to do not give in to the debate on the “values” which opposes it to Brussels.
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By deciding, Thursday, October 7, that “the organs of the European Union operate outside the skills entrusted to them in the Treaties”, the Polish Constitutional Court inflamed the debate on the sovereignties that covers everywhere on The continent, and in particular in France. A “gravissime” attack against the European Union (EU), declared the Secretary of State for European Affairs, Clément Beaune, on RMC and BFM- TV . “The return of the sovereignty of France will go through the superiority of the French law on European decisions,” said
Tania Racho, doctor in European law and a member of the Collective of Legal Fact-Checking Highlighters , decrypts this decision for Le Monde. According to her, “by engaging with the Member States in a debate on values, Europe is at a turning point”.
What happened Thursday between Poland and the Union European?
Poland said: “We do not apply the law of the union because it goes too far.” The constitutional court of the country opposed certain decisions of the Court of Justice of the European Union ( Cjue). Important justice reforms have been engaged in Poland since the Conservative Party right and justice (ELCP) has reached power in 2015. In particular, a disciplinary chamber sanctions of magistrates if they make decisions based on European law. . That’s what happened to Judge Igor Tulea. In the EU’s eyes, this room has too much power and judges are not independent.
The Union has launched a “failure to fail” to the European rules. This is a four-step procedure. First, the European Commission commits a dialogue with the intended State, meaning it that it considers a violation of the treaties. It is not necessarily public and, if the state corrects, it can stop there. Otherwise, the CJEU is seized to establish the observation of failure and validate the legally approach. Again, the state can comply with the decision. If it is still not the case, follows a new dialogue time between this country and the Commission. If it does not succeed, we go to the fourth step: the CJUE decides on financial sanctions against this country.
On the disciplinary chamber of judges, we are in this fourth stage. The sanction is on the way and it is probably what motivated the decision on Thursday of the Polish Constitutional Court – against which the Commission will undoubtedly activate very quickly the same failure procedure.
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