Poland’s Top Court Rules Supremacy of EU Law Incompatible with Its Constitution

Poland’s top court has ruled that the supremacy of European Union (EU) law was incompatible with its constitution, landing a major challenge to the EU’s legal framework.

Poland’s Constitutional Tribunal said that some provisions of EU treaties and EU court rulings were in conflict with Poland’s highest law.

The court added that EU institutions “act beyond the scope of their competences.”

The court began hearing the case in August after Polish Prime Minister Mateusz Morawiecki submitted the legal challenge in March, arguing that the EU had no right to interfere with the judiciary systems of Poland.

Morawiecki wanted to prevent Polish judges from using EU law to question the legitimacy of judges appointed after recent judiciary reforms.

The Constitutional Tribunal is currently dominated by judges loyal to the ruling nationalist Law and Justice (PiS) party.

Member of the European Parliament Jeroen Lenaers said that the ruling was “an attack on the EU as a whole” and has put Poland “on the path to Polexit.”

The EU’s executive branch said that the ruling raises “serious concerns.”

“EU law has primacy over national law, including constitutional provisions. All rulings by the European Court of Justice are binding on all Member States’ authorities, including national courts,” the European Commission said in a statement.

The European Commission added that they will analyze the ruling in detail and “will not hesitate to make use of its powers under the Treaties to safeguard the uniform application and integrity of Union law.”


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