This is a disappointment for Brussels, but it could also be the beginning of a new page in relations between nations and the European Union, thanks to Poland’s sovereign stance. Poland has freed itself in one fell swoop from the European Commission’s constant calls and threats to adopt the rainbow “values”. Thanks to a ruling by Poland’s highest court that confirmed the primacy of national law over EU law and enraged Brussels.
The Polish Constitutional Court ruled that the interpretation of certain articles of the European Treaties by the Court of Justice of the European Union (ECJ) was “incompatible” with the country’s constitution because “among the competences transferred from Poland to the EU, there is no competence for the creation or organisation of the judiciary”. In this judgment of 7 October, the Polish court accuses the ECJ of undermining state sovereignty and thus reaffirming the primacy of national law over European law. The primacy of EU law no longer applies without restriction in Poland, but is strictly limited to the powers conferred on the EU. At the same time, the Polish Constitutional Court has called into question the principle of sincere and genuine cooperation.
Should the “progressive activism” of the EU Court of Justice continue, which issues judgments that fall within the exclusive jurisdiction of Polish state organs, undermines the primacy of the Constitution as a superior legal act in the Polish order and calls into question the universality and finality of the Court’s judgments and the status of the Judges of the Court, the Polish Constitutional Court will intervene and the decisions will be taken. The European Court of Justice has been removed from the Polish legal system.
The Constitutional Court’s decision on whether or not the Polish constitution takes precedence over European norms and decisions was requested by Prime Minister Mateusz Morawiecki last March. For Zbigniew Ziobro, Minister of Justice and Chairman of Solidarność Poland, “the Constitutional Court has put a stop to the anarchisation of the judicial system and the entire state and confirmed the primacy of the Polish Constitution over EU law”.
This decision hit like a bomb. Brussels has already threatened not to pay Warsaw the funds provided for in the economic recovery plan, and the word “Polexit” has been used without Poland giving in the slightest, proudly against the Brussels technocrats.