The Polish Constitutional Court recently ruled that parts of EU law are inconsistent with the Polish constitution. The ruling shook the foundations of the Union, because for the first time a national court questioned the primacy of European law. It is the temporary extreme in the struggle between Brussels and Warsaw over the rule of law in Poland.
Morawski came to defend the ruling and his government’s view on the relationship between national and European law in the European Parliament on Tuesday. In a speech that lasted more than half an hour, he was violently shocked. “The European Union is not a state. There are 27 member states, all of which are sovereign. It is those member states that decide which competences are delegated to the EU. In this, EU law takes precedence, but many matters remain the exclusive jurisdiction of the member states” . I denied it”is overAnd the ‘activism of European judges has made the European Union a centrally controlled institution that can tell its provinces what to do’.
With some “quotes” that Morawiecki says come from the constitutional courts of other member states, the Polish prime minister has tried to reinforce his basic view, which is that the primacy of EU law cannot be applied in constitutional matters. “I can see from your faces that you do not agree with me,” he told the deputies.
Von der Leyen: “People’s rights are at stake”
Before Morawiecki took the floor, Commission President Ursula von der Leyen reiterated her concerns about Poland. It is the first time ever that a national court has ruled that European treaties are incompatible with the national constitution. This ruling has significant implications for the people of Poland, as it undermines the protection of the independence of judges. Without this independence, people’s rights are at stake.”
Von der Leyen said the commission was still analyzing the ruling carefully, but that it would take the lead as custodian of the treaties. “I regret that we are in this situation. But I was and still am in favor of dialogue. This situation must be resolved. We want a strong Poland – Poland has its place in Europe.” Morawiecki agreed. “Europe is our choice, our place. We don’t want to go anywhere else.”
Verhofstadt: “Sinister game”
During the debate, Morawiki received the expected support from his countrymen and party members in the conservative ECR faction. According to Ryszard Legutko, anyone who broadly interprets the primacy of EU law can also claim that EU law also takes precedence in the US state of Texas.
But the Polish prime minister faced headwinds from other groups. “The evil game you are playing is very clear,” Jay Verhofstadt (Open VLD) shocked him. You are installing a politicized constitutional court. And if the European Court of Justice criticizes it, you leave the Constitutional Court to decide that the Court of the European Union no longer has legitimacy.”
According to Verhofstadt, Morawiecki did not touch on the substance of the much-discussed ruling on October 7 during his speech, namely that Articles 1 and 19 of the European Treaty would contravene the Polish Constitution. When your country signed the treaty in 2004, it accepted those articles. In fact, it was precisely because of these two articles – which describe the ‘closer union than ever before’ in Europe and the central role of the EU Court – that the proponents of Brexit wanted at the time.”
Verhofstadt ended his intervention in Parliament by referring to Barbara Tuchman’s book The March of Folly. “We read in it that relatively simple decisions followed one another, made by the ego of the great players who are unaware of the disaster they are summoning at the end of the journey. So reconsider your decisions and end your foolish career.”
Webber: “An indirect exit from the European Union”
EPP faction leader Manfred Weber explained his criticism earlier today in an interview with Morgenmagazin on ZDF. The fact that Poland questions and no longer respects these internal EU rules is, for Germany, an “indirect exit” from the EU. But at the same time, he believes that the EU is cynical about the rule of law debate. “The most exciting thing about that is Vladimir Putin.” He said the Russian president wants to end the rule of law gradually and wants a weak European Union. That is why we must also ask our Polish friends: is this really your intention? Or will we stay together to face the challenges of our time together? “
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