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In a stinging rebuke to Europe’s unelected bureaucrats, and a major escalation in the rule of law crisis between Warsaw and Brussels, Poland’s constitutional court ruled on Thursday that Polish law can take precedence over EU law amid an ongoing dispute between the European bloc and the eastern European member state . The decision by the Constitutional Tribunal came after Polish Prime Minister Mateusz Morawiecki requested a review of a decision by the EU’s Court of Justice (ECJ) that gave the bloc’s law primacy. Two out of 14 judges on the panel dissented from the majority opinion.
“The attempt by the European Court of Justice to involve itself with Polish legal mechanisms violates … the rules that give priority to the constitution and rules that respect sovereignty amid the process of European integration,” the ruling said, in an outcome that could have wide-reaching consequences for Europe when the next crisis hits.
Meanwhile, Brussels considers the Constitutional Tribunal illegitimate due to the political influence imposed upon Poland’s judiciary by the ruling Law and Justice party (PiS).
As the FT’s Henry Foy notes, it is “Hard to overstate the importance of this ruling.” He goes on to note that “Poland is *the* EU success story of eastern enlargement, and the biggest recipient – by a long long way – of EU taxpayer money since 2004. And now it is saying that it refuses to recognize a fundamental part of the whole project.” Hard to overstate the importance of this ruling.
Poland is *the* EU success story of eastern enlargement, and the biggest recipient – by a long long way – of EU taxpayer money since 2004.
And now it is saying that it refuses to recognise a fundamental part of the whole project. https://t.co/79nHpqpI1w — Henry Foy (@HenryJFoy) October 7, 2021 As DW reports , the court had looked specifically at the compatibility of provisions from EU treaties, which are used by the European Commission to justify having a say in the rule of law in member states , with Poland’s constitution.
A ruling by the ECJ in March said that the EU can force […]
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JD Rucker – EIC