Polish Court Rules Its Constitution Supersedes EU Diktat and for Some Reason That Is ‘Controversial’

Brusselscrats say the darndest things

Poland’s future in the European Union was thrown into doubt on Thursday after judges ruled that Polish law superseded EU law in the latest clash between Warsaw and Brussels.

Jaroslaw Kaczynski, the leader of Law and Justice, the dominant party in Poland’s governing coalition, said a different ruling would mean that “Poland is not a sovereign state”.

He added that when it came to the administration of justice, “the EU has no right to interfere”.

The ruling that the Polish constitution carried more weight than the EU treaties drew a furious reaction from politicians in Brussels, the de facto capital of the bloc. The European Commission said it “will not hesitate to make use of its powers” to protect the primacy of EU law.

They accused Mateusz Morawiecki, the Polish prime minister, of putting the country on the “path to Polexit”, raising the prospect of Warsaw leaving the bloc as the UK did on Dec 31.

MEPs branded Poland’s constitutional tribunal “illegitimate” because it is stuffed with Mr Morawiecki and Mr Kaczynski’s handpicked allies.

Contravening Poland’s laws

All member states agree to a treaty provision that dictates EU law has primacy over national law. The final arbiter of EU law is the European Court of Justice in Luxembourg, according to the membership treaties.

The constitutional tribunal said some provisions of the EU treaties and some EU court rulings went against Poland’s highest law. Two of the 14 judges dissented from the majority opinion.

“The primacy of constitutional law over other sources of law results directly from the Constitution of the Republic of Poland,” Piotr Muller, a government spokesman, wrote on Twitter, “Today (once again) this has been clearly confirmed by the constitutional tribunal.”

Heading for ‘Polexit’

“By declaring that the EU treaties are not compatible with Polish law, the illegitimate constitutional tribunal in Poland has put the country on the path to Polexit,” said Jeroen Lenaers, a MEP for the centre-Right European People’s Party.

Davide Sassoli, the European Parliament president, said: “Today’s verdict in Poland cannot remain without consequences. The primacy of EU law must be undisputed.”

Didier Reynders, the EU Justice Commissioner, said Brussels would take action to ensure the supremacy of EU law and the bloc’s top court.

“There are instruments in order to reestablish the primacy of European law and the Court of Justice, as an enforcer of these decisions,” he said

Justice party leader Jaroslaw Kaczynski and Russian President Vladimir Puting
A man holds a sign with photos of Jaroslaw Kaczynski (left) and Russian President Vladimir Puting depicted as dictators, at a protest in front of the Constitutional Court in Warsaw

Delaying funds to Warsaw

Last month, the European Commission confirmed the challenge to the supremacy of EU law was delaying the release of €57 billion in EU coronavirus recovery funds to Warsaw.

There are calls in Brussels to withhold EU budget funds from Poland, begin legal action against Warsaw or strip it off its EU voting rights in response to concerns over its illiberal shift. “We will use all the tools at our disposal,” Mr Reynders told reporters.

Pawel Jablonski, Poland’s deputy foreign minister, said the tribunal ruling would not breach EU membership treaties but redefine them. Top courts in many EU countries did not always follow the European Court of Justice’s rulings, he said.

Migration and gay rights

Law and Justice has long been at loggerheads with Brussels over issues such as the rule of law, migration and gay rights. It insists that the judiciary should be the sole purview of nation states and not the EU and has ignored a number of EU court rulings.

But the Polish government has dismissed any talk of “Polexit”. An opinion poll published on Tuesday found that 88 per cent of Poles wanted Poland to remain a member of the bloc.

The tribunal opened the case after Mr Morawiecki asked for the review after the EU court said the bloc’s law took precedence over Poland’s law. It started hearing the case in July but had adjourned it four times before Thursday’s sitting

Many of those sitting on the tribunal are government loyalists, including the court’s president, Judge Julia Przylebska.

“It’s a confederation of anti-democratic forces against Poland’s membership in the European Union,” Michal Wawrykiewicz, a pro-EU lawyer, tweeted. He said it was a “black day” in Poland’s history.

Terry Reintke, the German Greens’ lead MEP on Poland, said: “Unfortunately, the illegitimate Polish ‘Constitutional Tribunal’ cannot be considered an independent judicial body.”

“A Polexit from the EU legal order seems to become unavoidable,” tweeted Sophie in ‘t Veld, an influential Dutch liberal MEP. [What a bluff. They want a Polish exit even less than Poland itself.]

“Widely considered to be a puppet of the current ruling party, the unlawfully composed constitutional tribunal of Poland has crossed the Polexit rubicon,” said Laurent Pech, professor of European law.

Source: Telegraph

  1. Ragheadthefiendlyterrorist says

    The chance of Poland exiting the EU is only slightly less than the chance of the Taliban opening strip clubs in Kandahar. Poland would go bankrupt in a week if it had to fend for itself independently.

    1. Drapetomaniac says

      Quite likely there will problems for an independent Poland but nothing like the EU’s policy of immigration that will bring about MEGA – Make Europe Ghana Allover.

    2. Raptar Driver says

      This is true however Poland would overcome this within a few years and have control over itself.
      The E.U. is death!

      1. Ragheadthefiendlyterrorist says

        The whole point of the EU is that every nation is forced to become a designated specialised organ, and Eastern Europe has been designated to become a deindustrialised supplier of labour and farm products. It’s not as though Russia will help Poland reindustrialise like after WWII is out leaves the EU.

    3. DarkEyes says

      You mean that Poland might go bankrupt like the EU-Imperialist-Capitalist professing the abyss of UK leaving the “Lady & Gentelman Club” in Brussels?
      Nah, don’t think so. (Guess)
      The Poles are not afraid of hard work.

      If they start to think clearly they will finally discover their future and their happiness lies in the East. EURASIA, One Belt One Road.
      EU is broke, many NATO members are broke, so?

      May I wish the Polish people wisdom, peace, strength, bravery and love to all.
      God wins alway.

  2. ken says

    What a strange concept the people of Poland have thinking they have a right to determine who comes in their home. And golly gosh,,, don’t they realize depravity is a human right that trumps all other rights!

    My God,,, What are the Polish thinking!

  3. Drapetomaniac says

    “found that 88 per cent of Poles wanted Poland to remain a member of the bloc.”

    And in the not too distant future Poland will cease to exist.

  4. Drapetomaniac says

    As a reminder, ALL of man’s laws are made up.

    They are fictive.

    1. nnn says

      There is only one law, God law

  5. Juan says

    Yeah right and the unelected EU imperialist honchos are “legitimate”? go figure.

  6. nnn says

    Hitler would be proud, without one shot fired Germany enslaved the whole Europe

    1. Mr Reynard says

      Germany ??? What are you smoking nnn ??

      1. Raptar Driver says

        Germany Served the Zionist agenda.
        Allowing Palestine to be taken over by mostly by German jews.

        1. Mr Reynard says

          Knew that & have seen picture of Medal with David Star on one side & Swastika on the other side..& THE PACT BETWEEN HITLER AND THE ZIONISTS Adolf Hitler became Chancellor of Germany in January 1933 and on the 7th August 1933 he entered into a Pact with representatives of the World Jewish Agency, the future Leaders of Israel. The Pact was called the ‘Haavara’ Agreement. ‘Haavara in Hebrew means much like, ‘Moving house’. Hitler considered the Haavara Agreement to be a top priority …

    2. DarkEyes says

      It was and still is the continuation of his plan.

  7. Raptar Driver says

    Great drawing of the winged Hussars.

    1. Adam says

      They are two Suits of armour (with attached wings to terrify their enemy) worn by Polish Hussars. I think there is a tapestry in the background. I would not like to encounter an army of Hussars. The Taliban would instantly convert to Christianity when surrounded by these armoured and winged soldiers.

      1. Mr Reynard says

        John Sobiesky & saving Vienna ….

  8. Adam says

    The world is currently at a turning point in history.The Fourth German Reich (EU) will be history in the near future much like the Third Reich, a pile of rubble. Thats what happens to States/countries that enslave other States/countries. Poland may just be the country that pulls the rung from under the Fascist EU and liberates the European continent.

  9. yuri says

    EU and NATO are developing schisms…..they are losing influence and solidarity no longer exists….sanctions have been proven to be ineffective….when threatened by US rep with sanctions, Bosnian Serb leader, Dodik replied, “f**k your sanctions”

  10. silver9blue says

    The emphasis is on the EU. Its repeatingly visual dictatorship actions. The Polish government has the right to say their laws matter. But. The EU is saying no EU countries gov actions matter – Only ours. That is dictatorship as No EU citizen can vote on any EU law Or even say anything. Under Pol Pots it was all you do as we say.

    1. DarkEyes says

      Correct and agree. But … the european politicians all forced their people to agree with their choice to handover, sell, their own country to the oligarchs in Brussels.
      That is fact. The Irish, the French and the Dutch did not agree entirely but by simple “guidance” of the politicians there was no choice anymore. JA is JA and a NO was unacceptable. This is democracy, dear people!

      The steps to a european Flatland was a) Treaty of Maastricht, b) the Lisbon Treaty, renamed into c) the Nice Treaty and whootsh …. gone was your country, direction Brussels. At that moment the people have no say anymore. Like the European Talk of the Town show (Euro Parlament) who have no powers to decide over their Rules.

      The real boss is Mrs. Merkel, Mr. Timmermans, then Mrs. Van der Leyen and Soros with chef Mr. Schwab who are designing carrying out the plans and routes for our lives and “future”. EU takes care we possess nothing anymore around year 2030.

      At 2030 we possess nothing, everyone will be happy and without worries.
      With the compliments of Mr. Schwab.

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