A judgment perceived as calling into question one of the foundations of the European Union. The historic judgment of the Polish Constitutional Court which affirms the primacy of Polish law over European law entered into force on Tuesday, October 12, after its publication in Official newspaper. It calls into question the primacy of Community law – a key principle of membership of the European Union (EU) – by declaring certain important articles of the European Union treaties “incompatible” with the Polish Constitution.
The ruling, released on Thursday in a case brought by the Polish nationalist populist government, could threaten the funding of Poland by the European Union and is seen as a possible first step towards its exit from the EU. It has been criticized by Brussels, as well as by most European leaders. Populist Hungarian Prime Minister Viktor Orban, meanwhile, lent his support, calling on the EU to “Respect the limits of the sovereignty of member states”.
The constitutional court, under the influence of the ruling party, also ordered the European institutions not to “Act beyond the scope of their skills” by interfering in the functioning of the Polish judicial system. The reforms of the justice system introduced by the populists constitute a major bone of contention with Brussels. The EU considers that they undermine the independence of the judiciary and threaten democracy and the rule of law, while the Polish government says they are necessary to eradicate corruption in the justice system.
“We do not accept to be treated as a second category country”
The Polish government has dismissed opposition claims that it wants “A Polexit”, namely an exit of Poland from the EU, and claimed that the principle set out in the judgment had been enunciated by the courts of other Member States. “We are not an unwelcome guest in the European Union. And that is why we do not accept to be treated as a second category country ”Prime Minister Mateusz Morawiecki wrote on Facebook last week.
Tens of thousands of Poles demonstrated on Sunday to defend their country’s membership of the European Union following the controversial decision. According to opinion polls, more than 80% of Poles support their country’s presence in the EU, but relations between Warsaw and Brussels have become strained since the Law and Justice (PiS) came to power in 2015 .