Jean-Eric Schoettl is former Secretary General of the Constitutional Council, and Honorary State Counselor.
On October 7, 2021, the Polish Constitutional Court ruled that Articles 1 (which proclaims an
“ever closer union of the peoples of Europe”
) and 19 (relating to the Court of Justice of the European Union) of the Treaty on the European Union contravene the Polish Constitution in so far as they allow it to be set aside in favor of European law.
Is therefore condemned not the treaty itself, but the principle of the primacy of European law over national constitutional rules.
This principle of absolute primacy finds its origin in a Costa v Enel judgment of July 15, 1964 of the Court of Justice of the European Communities (now Court of Justice of the European Union):
“The law of the Treaty could not, because of its original nature, being judicially opposed to any internal text. "
What the Warsaw Constitutional Court wanted to mark is that the Polish Constitution does not provide for the surrender of sovereignty in the areas in question.
Jean-Eric Schoettl
If it had declared incompatible with the Constitution
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