Poland Rejects Primacy Of EU Law

Thursday, October 7, 2021 | Tag Cloud Tags: , , , , , , ,

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By Stefan J. Bos, Chief International Correspondent

(Worthy News) – The faces a major legal challenge after a top court in Poland rejected the primacy of law over national legislation in certain judicial matters.

The Polish Constitutional Tribunal said Thursday that some EU treaty articles were incompatible with the constitution of Poland, an EU member. It also warned that Polish judges should not use EU legislation to question the independence of their peers.

The legal challenge was brought by Polish Prime Minister Mateusz Morawiecki, a populist nationalist who wants to limit what he views as the EU interference in internal affairs.

It was the first time in the history of the 27-nation bloc that a leader of a member state had questioned wholesale EU treaties in a constitutional court.

However, the EU’s executive European Commission said the ruling raised “serious concerns.” The court said Poland should accept that “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,” it warned.

The European Commission said would “not hesitate to make use of its powers under the treaties to safeguard the uniform application and integrity of Union law.”

However, the ruling came as a boost for populist Eastern European leaders who oppose what they see as the growing influence of Brussels.

Besides Poland, countries such as EU member Hungary also came under pressure to respect EU treaties.

Poland and Hungary also face such as the withdrawal of billions in EU aid for issues ranging from their perceived weakening of the rule of law to limiting press freedom.

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