Poland has ratified the ruling of the Polish Constitutional Court which puts Polish law above European Union law. The Conservative Nationalist Government published the ruling in the Official Gazette today.
Where articles from EU treaties and EU court rulings are contrary to the Polish Constitution, its own law takes precedence, the court ruling reads. This brings down one of the most important principles of the EU – the primacy of European law over national law -.
Comments in Brussels
The Court‘s conclusion on Friday broke a lot of loose in Brussels. EU Member States France and Germany responded shocked because the Court’s ruling undermines European legislation, which all Member States must comply with.
The EU‘s executive board, the European Commission, previously called the ruling “very worrying”. The committee has not yet come up with an official statement on the ratification. But foreign chief Josep Borrell told international news agencies that the EU will come up with a “firm response”. “Poland must comply with the rules,” said Borrell. The House of Representatives supports that course.
Poor rapport with EU
The relationship between the Polish government and the European Commission has been under pressure for a long time. This has to do with legal reforms carried out by Warsaw, but which, according to Brussels, undermine independent case-law.
The European Commission previously dragged Poland before the European Court because the Polish government would undermine the rule of law by replacing critical judges. New judges were appointed by the Pis government party.
There is much to do about the Court’s ruling in Poland itself too. Last weekend, tens of thousands of Poland took to the streets in Warsaw to protest the ruling. Four protesters were arrested.