The highest Polish court ruled Thursday, October 7 that certain articles of the EU treaties were "
incompatible
" with the Constitution of Poland, in a historic decision that could threaten the European funding planned for this country and even call into question its presence in the EU.
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The move is the latest twist in a long stand-off between Poland and the EU over controversial judicial reforms introduced by the ruling nationalist conservative Law and Justice (PiS) party.
In her judgment, the President of the Constitutional Court, Julia Przylebska, listed several articles of the EU treaty which she said are incompatible with the Polish Supreme Law, further declaring that the European institutions "
act beyond the field of their competences
”. “
Shame!
","
Traitors!
"And"
Welcome to Belarus!
Shouted a group of about thirty protesters gathered in front of the court after hearing the decision. “
It's a scandal (...) They are taking us out of the European Union!
», Regretted Anna Labus, a pensioner, bursting into tears.
But the government spokesman, Piotr Muller, welcomed the judgment of the Court, stressing that it confirmed “
the primacy of constitutional law over other sources of law
”.
However, he considers that this decision "
does not affect the areas in which the EU has powers delegated in the Treaties
", such as competition rules, trade and consumer protection.
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The European Commission has reacted, saying it is "
concerned
" by this decision and "will
use all the tools
" at its disposal to protect the primacy of European law, European Commissioner Didier Reynders said on Thursday.
The Belgian official, specifying that he was still waiting to read the decision in detail, stressed that the principles of the primacy of European law over national law and the binding nature of European judicial decisions were "
at the heart of the Union
".
"
European blackmail
"
Last month, EU Economic Commissioner Paolo Gentiloni warned that the Polish court case could have "
consequences
" for 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.
The Polish government described Paolo Gentiloni's comments as “
blackmail
”.
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Since then, European officials have explained that the money could be disbursed next month, but that strict conditions would be imposed in return for respect for the rule of law. 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.
But there are other bones of contention, including the appointment of judges and their transfer without their consent between different courts or divisions of the same court.
Poland said reforms were necessary to eradicate corruption in the justice system and ignored an interim order from the European Union Court of Justice to suspend the application of this disciplinary system.
"
Polexit
"
This conflict has raised fears that Poland will end up leaving the European Union, which could affect the stability of this community of states.
Last month, Jaroslaw Kaczynski, the head of PiS, rejected the idea, saying that Poland only wanted to end
EU
“
interference
”.
"
There will be no Polexit (...) We see unequivocally the future of Poland in the European Union
", said Kaczynski.
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The Poles are overwhelmingly enthusiastic about the European Union, more than 80% of them supporting membership of the EU which has given their country billions of euros in subsidies and all its gains, stimulating thus its development since its accession in 2004. But relations between Warsaw and Brussels have become strained since the takeover of power by the PiS in 2015.
Ryszard Terlecki, Deputy Speaker of Parliament, recently called for “
drastic solutions
” to the conflict between Poland and the EU.
“
The British have shown that the dictatorship of the Brussels bureaucracy does not suit them.
They turned around and left,
”he said.
