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Jean-Éric Schoettl: "Why so much aggression against the decision of the Polish constitutional court?"

2021-10-11T09:43:35.923Z

FIGAROVOX / TRIBUNE - The Polish constitutional judge has just ruled that certain articles of the Treaty on European Union were incompatible with the country's Constitution. His reasoning is classic and respectable and, in France, the Constitutional Council has the same position, explains ...



Jean-Éric Schoettl was Secretary General of the Constitutional Council from 1997 to 2007. He is Honorary State Councilor.

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 c / Enel judgment of 15 July 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, by reason of its original nature, be judicially opposed to any internal text whatsoever ”

.

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

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Source: lefigaro

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