"Polexit" through the back door? The verdict contains explosives - Von der Leyen "deeply concerned"

The Polish Constitutional Court has passed an unprecedented verdict - experts already see a "Polexit" through the back door.

The EU Commission threatens.

Warsaw - Is it a legal way to leave the EU? The Polish Constitutional Court has abolished the primacy of EU law over Polish law. This means that Poland's highest judges are withdrawing European legal norms from being valid in their own country.

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Poland's membership in the EU, but also in the Council of Europe, are now being seriously questioned," Laurent Pech, law professor at Middlesex University in London, told the

world

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The Warsaw Supreme Court on Thursday declared parts of the EU treaties unconstitutional.

The court thus followed the opinion of Prime Minister Mateusz Morawiecki.

It was triggered by decisions by the EU judiciary in Luxembourg against the controversial judicial reforms of the right-wing nationalist Polish ruling party Law and Justice (PiS).

Poland: “Polexit” initiated from the EU?

Expert now sees "legally an empty shell"

Pech, for his part, judged the judge's verdict harshly.

"The Polish government," said the internationally renowned expert on the dismantling of the Polish judiciary, "has formally initiated a 'polexit' from the EU legal system through its 'puppet constitutional court'".

Poland is becoming the “rotten tooth of Europe.

An empty shell from a legal perspective. ”For six years now, the Polish ruling party Law and Justice (PiS) has been reorganizing the Polish judicial system, in which even unpleasant judges have been removed from their offices *.

The decisions of the ECJ are constantly being ignored.

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After the judgment of the Polish Constitutional Court, Poland could override the judgments of the ECJ.

© Pawel Supernak / PAP / dpa

According to experts, the judiciary in Poland * is no longer considered independent. It was only this year that the European Court of Human Rights (ECHR) ruled that parts of the Polish Constitutional Court were illegally occupied. Brussels accuses the government in Warsaw of undermining the independence of the courts and the separation of powers and has therefore initiated a number of proceedings.

There was also criticism from the governments of several EU countries.

"You have to be very clear that this government in Poland is playing with fire," said Luxembourg Foreign Minister Jean Asselborn.

It is clear that in the EU “there can be a break not only legally, but also politically”.

Asselborn emphasized that the primacy of European law over national law is fundamental for coexistence in Europe.

"If that is broken, Europe in the form we know it, how it was built under the Treaty of Rome, will no longer exist." The French Secretary of State for Europe, Clément Beaune, warned of the "risk of a de facto exit" for Poland from the EU.

EU: Maas threatens Poland with consequences - von der Leyen wants to "use all powers"

After the verdict, Federal Foreign Minister Heiko Maas (SPD) also called on Poland to adhere to European rules.

"If a country politically decides to be part of the EU, it must also ensure that the agreed rules are fully implemented," Maas told the newspapers of the Funke media group.

Indirectly, he threatened consequences if this did not happen.

EU Commission President * Ursula von der Leyen became clearer.

She wants to react to the judgment with all available means.

"I am deeply concerned about yesterday's ruling by the Polish Constitutional Court," said the German politician in a statement on Friday.

You have instructed the services of the Brussels authority to analyze the judgment thoroughly and quickly.

The next steps will be decided on this basis. 

Von der Leyen emphasized that according to the EU treaties, all judgments of the European Court of Justice are binding on the authorities and courts of the member states.

"EU law takes precedence over national law, including constitutional provisions." All EU states have committed themselves to this as members of the EU.

"We will use all the powers we have under the treaties to ensure this."

"Poland defends itself against the robbery of sovereignty of the EU": AfD boss Meuthen welcomes the verdict  

Jörg Meuthen, federal spokesman for the AfD, took a stand with a completely different thrust.

"The European Union has to accept that the national constitutional courts are not the vicarious agents of the European Court of Justice," said the head of the AfD delegation in the EU Parliament.

It is unacceptable if the EU blackmailed Poland like a landowner by linking membership in the confederation to the gradual transfer of powers from Warsaw to Brussels.

As a result, national sovereignty is slowly being eroded.

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