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Supreme Court in Poland: Supreme Constitution over EU law
The Constitutional Court responded to the request of the nationalist government, against the background of the escalating dispute with Brussels over the supremacy of local law over the European one.
He ruled that some articles of the EU Treaty were unconstitutional, but the European Commission stressed: "All rulings of European courts are binding"
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Poland
The European Union
Jaroslav Kaczynski
Reuters
Thursday, 07 October 2021, 22:13
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The Polish Supreme Court ruled today (Thursday) that some clauses in EU treaty are unconstitutional, challenging one of the bloc's key principles that will deepen the tumultuous dispute between Brussels and the nationalist government in Warsaw. The Polish government, led by the Law and Justice Party, is embroiled in several political clashes with the EU over issues related to judicial independence, press freedom and the rights of the proud community.
Today's issue came to the doorstep of the Constitutional Court after Prime Minister Mateusz Morawiecki approached him for an opinion on whether EU institutions could prevent Poland from carrying out legal reforms. "The EU Treaty is subject to the constitution of the Polish legal system, and like any part of the Polish legal system, it must comply with the constitution," Judge Bartomei Sochensky ruled.
Brussels accuses the Polish government of undermining the independence of the judiciary.
On the other hand, the ruling party claims that the reforms are intended to streamline the courts and get rid of the remnants of the influence of the communist era.
"In Poland, the highest court is the Constitution and all European regulations that apply in Poland must comply with the Constitution," party leader Jaroslav Kaczynski said after the ruling.
"This also applies to the justice system and the EU has no say in this matter," Kaczynski, the country's most powerful man, told reporters.
The European Commission responded that "the ruling of the Polish tribunal raises significant concerns" and that all rulings of EU courts are binding.
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