Poland: the constitutional court rules against the absolute supremacy of European Union law – franceinfo

The highest Polish court declared in particular that certain articles of the EU treaty were “incompatible” with the country’s Constitution.

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This historic decision could threaten the country’s funding by the European Union, or even its membership of the EU. The Constitutional Court, the highest Polish court, ruled against the absolute supremacy of European Community law on Thursday 7 October.

The Court declared that certain articles of the EU treaty were “incompatible” with the Polish Constitution. She urged the European institutions not to “act beyond the scope of their skills” by interfering with the Polish judicial system, which constitutes a major bone of contention with Brussels.

The European Commission is “concerned “ by the decision of the Polish court, reacted the European Commissioner for Justice Didier Reynders, declaring that the EU “will use all tools” at its disposal to protect the primacy of European law which is “at the heart of the Union”.

Poland and the European Union disagree over judicial reforms introduced by the ruling nationalist conservative Law and Justice (PiS) party. According to Brussels, these threats threaten democracy and the rule of law in this country.

Last month, the European Commission asked the Court of Justice of the European Union to impose daily fines on Poland, until it suspends judicial reforms.

The dispute with Brussels focused in particular on a new disciplinary system for judges which, according to the EU, seriously threatens the independence of the judiciary in Poland. There are other points of contention, including the appointment of judges and their transfer without their consent between different courts or divisions of the same court.

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