The European Commission is taking Poland to court for violations of EU law by the Polish Constitutional Court. The reason for this is rulings from 2021, which declared provisions of the EU treaties incompatible with the Polish constitution. This was against the general principles of Union law.
These include the autonomy, primacy and uniform application of Union law and the binding force of judgments of the European Court of Justice. In addition, the Commission considers “that the Constitutional Court no longer meets the requirements of an independent and impartial tribunal previously established by law”. This is due to irregularities in the appointment procedures for three judges in December 2015 and in the selection of the president in December 2016.
Warsaw not impressed
The government in Warsaw was not impressed by the announcement from Brussels on Wednesday. “Poland knows the EU Commission’s arguments, but does not share their views,” Polish EU Affairs Minister Szymon Szynkowski vel Sek told the PAP bureau. Poland consistently points out that constitutional jurisprudence is solely a matter for the Member States. The constitutional courts in Germany and Spain, for example, have pointed this out in their case law.
As guardian of the EU treaties, the Commission is responsible for monitoring countries’ compliance with EU law.
Source: Krone

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