September 27, 2022

Raven Tribune

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The European Commission has again taken legal action against Poland

Again the European Commission takes a clear stand against Poland. This was triggered by the controversial rulings of the Polish High Court. The country is further threatened by financial sanctions.

Due to the controversial rulings of the Polish Constitutional Court on the status of EU law, The EU Commission Legally against the country. The Brussels jurisdiction was known on Wednesday as a breach of procedure, ending with another lawsuit before the European Court of Justice and eventually with financial sanctions against Warsaw.

According to the EU Commission, the rulings of the Constitutional Court violate, among other things, the priority of uniform application of EU law and the binding effect of policy and ECJ rulings. In addition, the Brussels authority expressed serious doubts about the independence and impartiality of the Constitutional Court.

Controversial verdict since July

The background to this decision, among others, is the ruling of the Constitutional Court from the beginning of October, according to which certain parts of EU law are inconsistent with the Polish constitution. This calls into question a cornerstone of the European legal community. A Polish court has already ruled in July that the use of interim ECJ restraining orders relating to the country’s judicial system is unconstitutional.

A day after the October ruling, EU Commission President Ursula von der Leyen unequivocally clarified his position: “EU law takes precedence over national law, including constitutional provisions. All EU member states have adopted this policy as recommended by the EU.” The EU Commission “will use all powers vested in us by the Agreements to implement this policy”.

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The ruling party has been restructuring the judiciary for years

However, the nationalist-conservative government in Warsaw does not want to recognize this fundamental priority of EU law. The Polish ruling party, the PiS, has been reorganizing the country’s judiciary for years, despite international criticism, thereby putting pressure on judges. The EU Commission has already initiated a number of violations against Warsaw due to the reforms and has filed cases in the European Court of Justice. Many reforms were thwarted.

In a ruling by the Polish Constitutional Court in October, Prime Minister Mateusz Morawiecki asked the court to reconsider the ECJ’s ruling from the spring. In that ruling, the EU’s top judges found that EU law could force member states to disregard the personal provisions of national law, even if it is constitutional.