The president of the European Commission, Arsula van der Leyen, expressed “deep concern” in a statement on Friday about the importance of European law in the decision of the Polish Constitutional Court.
His words were echoed by former Prime Minister Beta Cezido, who wrote on Twitter: “Please don’t worry.”
“Dear President, you do not need to worry about the decision of the Polish tribunal. Definitely notice “- wrote on Twitter, the former head of the Polish government, and now a MEP Pis.
The head of the president’s cabinet, Pau Szart, similarly referred to the decision of the constitutional tribunal.
– I think the president is calmly reviewing this decision. The president himself is a doctor of law and knows that similar decisions were made by the constitutional control authorities of many other European countries, including important countries such as France and Germany. The presidential minister said that this was nothing new in the context of Polish jurisprudence in this matter.
“This is clear in the light of the understanding of the Polish constitution,” he said.
Asked what effect the constitutional tribunal’s decision would have on Poland’s relations with the European Union, he said “this is not enough for Poland.” – I hope it will only have a positive effect, that it will establish this relationship in the right way, that it will stop these decisions, the steps taken by the EU institutions, the tribunals, which Are taking steps that do not fulfill this relationship. . Asked if in his opinion it could somehow affect the European Commission’s approval of the national reconstruction plan, he replied that he would not speculate. “I hope not,” he added.
“Poland is in the EU, it wants to stay in the EU and will stay in the EU,” Szrot commented. “This is the opinion of both me and Mr. President,” he said.
“The decision of the Polish Constitutional Tribunal could not have been different,” said Pius MP Zdzisław Krasnodębski, referring to the case.
– It is clear that the Constitution of the Republic of Poland is supreme and that European institutions must operate within the limits of their authority. We should also note that the decision does not injure, as some say, certain provisions of the treaties, but the interpretations given to these provisions, Krasnodovsky emphasized.
At the same time, he pointed out that the consequences of the decision were beyond Poland-EU relations.
– The European Union faces a fundamental “constitutional” and military question. The CJEU’s actions in Poland greatly enhanced the EU’s capabilities and opened up the possibility of direct intervention in the organization of member states’ judicial systems. This decision puts an end to this interference and forces the EU to consider the division of competencies between EU institutions and member states. The question is whether the union is still capable of reflecting on ways to prevent conflicting agreements. The former president of the German Constitutional Court in Karlsruhe called the trend “bringing the federal state through the back door.”
The other side of the case, as Zdzisław Krasnodębski pointed out, is political.
– It is noteworthy that the decision of the German tribunal did not provoke such reactions and emotions, even though the European Commission initiated proceedings against Germany. Why? This is because of a political context that also contradicts the principles of the Union. In Brussels, questions of sovereignty raised by the states of our region, not by France or Germany, are considered unacceptable. In the case of Germany or France, no one acknowledges that the EU institution dominates the institutions of these countries, for example, through the decisions of the CJEU, to teach the French to divide the authorities, and the Germans to judge. Of non-political. Our region is treated according to different standards, the only thing here is that European law should be applied without any restrictions, without giving rules. So today, such quarrelsome voices from Brussels judged the politician.
The decision of the constitutional tribunal was also defended by Deputy Foreign Minister Pau Jabowski, who said, “The decision of the constitutional tribunal is the next stage of the dispute with the European Union, and negotiations have been going on for six years.”
According to him, this is “the next step, but then nothing is qualitatively so new”. After all, the issue of “whether constitutional law precedes international treaties” has been debated for a long time, and even three months ago, in July, we had a basically the same tribunal decision. So this is a repetition of that. He said that we will protest again against Polyxet, I think there is going to be a referendum announced by Donald Tusk.
Jabowski also cited opposition comments suggesting that the rulers wanted to exclude Poland from the European Union. As he said, “the opposition repeats it every 2-3 months.”
– Polish lawyers who have such a hostile attitude also talk about it. On the other hand, such sentiments were not there, as far as I remember, in any other country where such decisions were made. And we had such decisions in Germany last year, we were in Denmark first, we had in the Czech Republic. In France this year, for example, the Council of State said that the European Court of Justice was interfering with the constitutional order and its decision should not be implemented. And France lives in the European Union and probably does not intend to leave, the deputy foreign minister said.
Peters Jockey, PISMEP, who posted a key graphic on his Twitter account with Angela Merkel in the lead role, also spoke in a debate over the constitutional tribunal’s decision.
“EU law takes precedence over Polish and German law over EU law. What do you think?” – We read in the picture.
In the next entry, the jockey presents a graphic with the marked countries, “giving themselves the right to investigate whether the EU does not go beyond its capabilities in situations they consider controversial.”
“Poland just can’t. And many poles are still fighting for it not to be able to,” the MEP added.
On Thursday, the Constitutional Tribunal, after considering the request of Prime Minister Matteo Morawiki, ruled that European rules and regulations governing EU membership outside of Polish jurisdiction were unconstitutional.
Contradictory to the Constitution is the European provision which allows national courts to disregard the provisions of the Constitution or to decide on the basis of repealed principles, as well as the provisions of the EU Agreement which allows national courts to review the legality of the appointment of a judge. Give the right to Through resolutions of the President and the National Judicial Council regarding the appointment of judges.