The decision of the Polish Constitutional Court to judge part of the European treaties incompatible with the Constitution of his country still provokes tremors in the French presidential campaign. And especially on the right. After Xavier Bertrand, Michel Barnier, or even Eric Zemmour, it is Valérie Pécresse’s turn to challenge the primacy of European law over “Constitutional identities” member states of the European Union (EU).
On CNews, Wednesday, October 13, the latter said “Very shocked” by the order given in July to Poland by the Court of Justice of the EU (CJEU) to immediately cease the activities of the disciplinary chamber of its Supreme Court, an institution set up as part of a reform of the system judiciary of the country. In the process, the Polish Constitutional Court challenged the primacy of European law over Polish law. This decision, which threatens the EU funding of Poland, could represent for this state a possible first step towards leaving the European Union.
“Europe exercises its magisterium within the framework of the treaties which are above our laws but cannot be above our constitutional identities, neither that of Poland, nor that of France”, however estimated Mme Pécresse. “Europe is the Europe of nations, she continued. This means that our constitutional laws, our constitutional identity, each and every sovereign state, must take precedence over European jurisdiction. ” Before her, other candidates for the Elysée had challenged the primacy of European law.
At Les Républicains, the former Brexit negotiator for the EU and nomination contestant, Michel Barnier, defends, to the amazement of many of his former colleagues in Brussels, the need for a “Legal sovereignty”, but only in immigration, because there will be “Other Brexits” if nothing changes, he believes. For his part, Xavier Bertrand proposes to introduce into the Constitution “A mechanism to safeguard the superior interests of France. When these are at stake, popular sovereignty must prevail ”. Same tone with Eric Ciotti, who “Calls on France to modify article 55 of the Constitution to assert the primacy of the Constitution over European decisions”.
For Marine Le Pen, who no longer wants to leave the EU or the euro, any international text deemed contrary to the Constitution will remain “Inapplicable”, so that France will not have “No need to go out” treaties. The candidate of the National Rally brought her ” support “ to Poland and considered that this country, by this decision, has “Exercised his legitimate and inalienable right to sovereignty”. After the Polish episode, the far-right polemicist and putative candidate, Eric Zemmour, denounced in a press release “A federalist coup” against Poland and felt that it was “Time to restore to French law its primacy over European law”.
On the left, the candidate of the “Remountada”, Arnaud Montebourg, judge that “The defense of the national sovereignty of the member states is fundamental”, even if he “Does not approve of the clerical and reactionary government of Poland”.