Rulings by Polish courts outweigh European law. That is the long-awaited judgment of the Constitutional Court of Poland in a case that puts the relationship between Poland and Brussels on the spot light. The Polish Government has yet to declare the statement legally valid before it enters into force.
The Constitutional Court considered what outweighs: Polish or European law. Some articles of the European Union Treaties and some rulings by the EU courts are contrary to the Polish Constitution, reads the judgement of the Warsaw judges.
The ruling is in direct opposition to a core principle of the EU: judgments of the European Court in Luxembourg are binding and therefore take precedence over national case-law. The Polish court says EU membership and signing the treaties does not mean Poland is delivering its highest legal body to the EU.
The court delivered the ruling at the request of Polish Prime Minister Morawiecki. The Polish Conservative Government Party Pis (Law and Justice) has been arguing with the European Commission for years about what it sees as European interference with the Polish legal system. The European Court in Luxembourg has touched Poland on several occasions because of reforms that jeopardize independent case-law.
The court‘s ruling was postponed a few times without giving reason. The European Commissioner for Justice Didier Reynders said earlier that the priority rule is a fundamental principle of European law that you should not want to be mortaled by. He urgently asked Morwiecki to withdraw the case.
The consequences of the court ruling are not yet clear. “This actually puts themselves outside the European Union. It’s a first step towards a Polexit. And that cannot be what the Poles want,” said former Judge Pawel Juszczyszyn in July.
Also check out this CCeit explainer at 3 on legal battle between Poland and the EU: