DISUNION – The Constitutional Court of Poland ruled Thursday against the absolute supremacy of European community law. This historic decision could threaten the financing of Poland by the EU, or even the country’s membership in the Group of 27.
Aurélie Loek –
The conflict was already open between Brussels and Warsaw, this decision could have unprecedented consequences. The highest Polish court declared on Thursday (October 7th) that certain articles of the European Union treaty were “incompatible” with the Polish Constitution.
This historic decision calls into question one of the founding principles of the EU, namely the primacy of European law over the law of each member country. European Commission President Ursula von der Leyen said in a statement to be “deeply concerned about the decision of the Polish constitutional court”. She added that the Commission would study it “in detail and quickly”, before deciding on “next steps”.
A legal standoff that could lead to a “Polexit”?
This legal standoff between Brussels and Warsaw is nothing new. Since the seizure of power by the PiS, the Law and Justice party, in 2015, relations between the country and the continental body have been particularly strained, in particular because of the controversial judicial reforms introduced by this nationalist conservative party.
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.
Last month, EU Economy Commissioner Paolo Gentiloni warned that the Polish court case could have “consequences” on the disbursement of stimulus funds to Poland. The European Union has not yet approved the 23 billion euros in grants and the 34 billion euros in cheap loans planned for this country.
However, this new decision could even go so far as to threaten Poland’s place within the European Union. On the set of BFMTV on Friday morning, the French Secretary of State for European Affairs Clément Beaune defined this decision as a “attack on the EU”. “It’s extremely serious”, “it is the risk of a de facto exit” of the European Union, he ruled.
Polish Prime Minister Mateusz Morawiecki, however, assured that his country wished to remain in the European Union. “Poland’s place is and will be in the European family of nations”, he said on Facebook, adding that membership in this organization was “one of the strong points of the last decades” for Poland and the EU.
“When a country politically decides to join the EU, it must also ensure that the agreed rules are fully applied”, retorted the head of German diplomacy Heiko Maas, in the newspaper group Funke, calling on Poland to respect “fully” the common rules of the European Union.
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“I know that in Poland people are Europeans, that they want to remain European”, corn “It must be said very clearly that the Polish government is playing with fire, that at a certain point, not only on the legal level, but also on the political level, there could be a rupture”, declared for his part the Luxembourg Minister for Foreign Affairs Jean Asselborn.
Indeed, more than 80% of Poles support membership of the European Union. This has granted their country billions of euros in subsidies and all its assets, thus stimulating its development since its accession in 2004.
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