Original title: Challenges the authority of the European Union to the Polish Constitutional Court’s ruling caused an uproar Source: Rule of Law Daily
Since the Polish Constitutional Court ruled that Polish domestic laws take precedence over EU laws earlier this month, disputes between Poland and the EU have continued to ferment. According to reports, European Commission President Von der Lein said at the European Commission meeting on the 13th that the ruling caused serious problems for the European Union and threatened to take action against Poland.
Analysts pointed out that the dispute between Poland and the European Union stems from Poland’s domestic judicial reform, involving issues such as values and legal priority. The European Union may put pressure on Poland by suspending financial support in the future. Given that the deep-seated contradictions behind the dispute are difficult to resolve, the game between the two parties will continue.
Raise a legal challenge
The Polish Constitutional Court ruled on the 7th that certain rulings of the European Court of Justice, the highest judicial body of the European Union, are not binding on Poland’s jurisdiction, and that part of the EU treaty violates the Polish Constitution. Polish Prime Minister Morawiecki expressed support for the ruling, saying that the EU should respect the choice of each member state and should not interfere in the internal affairs of the member states.
This is the first time that leaders of EU member states have challenged EU treaties in their constitutional courts. It is reported that the reason why Morawiecki challenged EU law was due to the implementation of judicial reforms. In July of this year, the European Court of Justice ruled that Poland’s judicial reform violated the “rule of law” principle and ordered Poland to suspend a disciplinary review institution set up last year for judges. The Polish government refused to enforce it and referred the issue to the country’s Constitutional Court. On the 7th of this month, the Polish Constitutional Court ruled that the European Court of Justice interfered with Polish judicial reform and violated the Polish Constitution. Polish domestic laws have priority over EU laws.
The Polish ruling caused an uproar within the EU. Officials from the European Union, France, Germany and other countries have criticized the Polish Constitutional Court ruling, believing that the ruling weakened the legal pillar of the European Union. The European Commission spokesperson also called the move an “unprecedented challenge” to the EU.
The French Foreign Minister Jean-Yves Le Drian and the German Foreign Minister Heiko Maas issued a joint statement stating that the ministers have taken note of the Polish Constitutional Court’s ruling, “We remind Poland that joining the European Union and fully and unconditionally comply Common values and rules are mutually reinforcing.”
The statement also stated that “every member has the responsibility to respect these rules and values, so of course it is also an inescapable responsibility for Poland, which occupies an important position in the European Union.” The statement also stated, “This is more than just a kind of Moral commitment is also a legal commitment.”
Hold a protest
The ruling of the Polish Constitutional Court triggered large-scale mass demonstrations. According to foreign media reports, protests were held in more than 100 cities and towns in Poland on the 10th. About 100,000 people participated in the capital Warsaw alone. The speakers in the protests included politicians and artists from the opposition party.
At the call of opposition leader Donald Tusk, the former president of the European Council, the protesters held up a “support for the EU” banner and stated that “Poland must stay in the EU.” Tusk said to a large group of people holding the blue EU flag in Warsaw: “tens of thousands of people in Warsaw and more than 100 Polish cities and villages have come to protest what the current government has done to our motherland.” The protesters even shouted. , “If anyone allows Poland to leave the European Union, then he is a traitor to Poland.”
Tusk and the leaders of the opposition civic platform called on people to defend “Europe’s Poland” at a rally in Warsaw.
Most Poles do not support “Poland Brexit”. 94-year-old veteran Wanda Trazik-Stavska said: “This is our Europe, no one can take us away from here.” 64-year-old Elizabeth Moravska said during a parade in Warsaw “I am here because I am afraid that we will leave the European Union. This is very important, especially for my granddaughter.”
Alexander Viniarski, 20, who was studying in the UK, also came to Warsaw to demonstrate. He said: “The UK has just left the European Union. It is a tragedy. If Poland leaves now, it will also become a tragedy.”
Since 2004, Poland’s membership in the European Union has greatly promoted Poland’s economic growth, and many Poles regard the European Union as an important part of national security.
The game will continue
As the legal dispute between the two sides ferments, public opinion is increasingly worried that Poland may become another “Brexit” country. However, given the importance of EU financial support and membership to Poland, the Polish government will reach a certain degree of compromise with the EU.
The European Commission’s Vice-Chairman of Values and Transparency, Jaurova, stated that if the EU does not challenge the Polish Constitutional Court’s ruling that “national law overrides EU law”, then the European Union will embark on a path of disintegration. Therefore, the EU will use all the powers conferred by the EU treaty to defend the unified application and integrity of EU law.
The EU’s most powerful response is to stop financial support to Poland. Poland has always been the country with the largest net inflow of EU funds. The country’s fastest development in Europe in recent years has largely benefited from the support of the EU. The European Commission has approved applications from most countries to restore funds, but Poland is not in the in.
However, the Polish government still showed a tough stance since then. The spokesperson of the Polish government, Peter Miller, said that the suspension of the issuance of recovery funds to Poland is a “political threat” and that this practice lacks a legal basis.
Tusk said that the ruling party “Law and Justice Party” is endangering Poland’s future in Europe.
But Morawiecki emphasized that the ruling party has no plans to leave the European Union. He defended the decision of the Constitutional Court and said that leaving the European Union was “fake news” created by opposition parties trying to discredit the government.
The Polish Ministry of Foreign Affairs stated that Poland will continue to respect EU laws, which is regarded by the media as “lowering the tone.” Analysts pointed out that “Brexit” will bring unbearable economic losses to Poland. Poland is the biggest beneficiary of EU funds. For now, Poland should stop here and will not take further measures. But even if the dispute can be resolved, the game between the EU and the member states regarding the boundaries of sovereignty transfer will continue.
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