The refusal to implement rulings of the European Court of Justice in Poland is a clear step towards Polexit
Poland’s Constitutional Tribunal has ruled that the interim measures imposed on the Polish judicial system by the top European Court of Justice are against the country’s constitution.
The decision is seen to undermine the power of European Union (E.U.) laws within the country and even a step away from the 27-nation bloc. Poland had joined the E.U. in 2004, agreeing to abide by its rules and laws.
The Constitutional Tribunal observed that while Poland is a member of the E.U., domestic issues concerning the judiciary and court system remain the sole purview of Polish authorities and legislation.
Criticizing the Government of Poland, the Former E.U. Council Head – Donald Tusk tweeted (translated from Polish), “It is not Poland, but Kaczyński with his party leaving the EU. And only we, Poles, can successfully oppose it. Because, contrary to the PiS propaganda, no one in the Union is forcibly holding back anyone.” Original tweet in Polish:
To nie Polska, tylko Kaczyński ze swoją partią wychodzą z Unii. I tylko my, Polacy, możemy skutecznie się temu przeciwstawić. Bo wbrew pisowskiej propagandzie, nikt nikogo w Unii nie trzyma na siłę.
— Donald Tusk (@donaldtusk) July 14, 2021
The Poland’s Justice Minister – Zbigniew Ziobro, who is behind the controversial changes to the justice system, praised the ruling, saying it defends the country’s constitutional order against the lawless interference and aggression of the law coming from European bodies.
Reacting to Poland’s decision, the European Commission expressed concerns and said that interim measures ordered by the Court of Justice of the E.U. in the area of the functioning of the judiciary, are inconsistent with the Polish Constitution. Their decision reaffirms their concerns about the state of the rule of law in Poland.
Speaking on the occasion, a European Parliament member from the Netherlands – Jeroen Lenaers said, “The refusal to implement rulings of the European Court of Justice in Poland is a clear step towards taking Poland out of the European Union. We fear that the Polish government is on the path to Polexit.”
The E.U. said that E.U. law has primacy over national law and all decisions by the European Court of Justice, including orders for interim measures, are binding on all Member States’ authorities and national courts. It clarified that the rights of E.U. citizens and businesses must be protected in the same way across all Member States.
The E.U. has accused Poland of breaching the rule of law which guarantees fundamental rights and values, allows the application of EU law and supports an investment-friendly business environment. It is one of the fundamental values upon which the EU is based on.
The E.U. wants Poland to ensure that all decisions of the European Court of Justice are fully and correctly implemented. This includes Court order to impose the interim measures on Poland to immediately suspend the application of certain provisions of the law of December 2019 on the judiciary, including on the functioning of the Disciplinary Chamber of the Supreme Court.
