European Commission said Wednesday This would take Poland to the Court of Justice of the European Union Two controversial The ruling of the country’s Constitutional Tribunal, which ruled that the Polish constitution takes precedence over EU law.
The commission also questioned the legitimacy of the Polish court.
This indicates a step forward long legal battle Between Brussels and Warsaw, the EU is trying to force the ruling nationalist Law and Justice (PiS) party to roll back radical judiciary reforms.
In July 2021, Poland’s Constitutional Tribunal ruled that the imposition of measures taken by the Court of Justice of the European Union on the Polish judiciary was unconstitutional – a direct challenge to the authority of the European Union court.
A few months later, the Polish Constitutional Court Said Poland’s national constitution took precedence over EU law, rejecting the legal framework on which the European Union was built.
“With these decisions the Constitutional Tribunal violated the general principles of autonomy, primacy, effectiveness, equal application of central legislation and the binding effect of decisions of the Court of Justice of the European Union,” the commission said in a statement.
The EU executive said it sought to resolve the issue with Poland last year, but Warsaw rejected its argument.
“The Polish reply does not address the Commission’s concerns,” the statement said. “That is why the Commission today decided to refer Poland to the Court of Justice of the EU.”
EU Commissioner for Prices and Transparency Vera Jourova Tweeted: “EU law must be applied uniformly throughout the Union.”
The commission also questioned the status of the Polish court, as many of its judges were appointed in violation of the Polish constitution.
“The Commission also considers that the Constitutional Tribunal no longer meets the requirements of an independent and impartial tribunal established by law,” it said.
The commission’s decision drew a furious reaction from Kristina Pavlovic, an outspoken judge on the Constitutional Tribunal. She said that the CJEU was not able to challenge Polish court rulings, which were “final”.
“But by this illegal duplicity they shall not affect the jurisprudence of Polish [tribunal], decisions of [tribunal] will remain unshakable and universally binding,” he TweetedAdding: “There is no other law in the EU.”
The commission’s move spells major problems for Poland’s efforts to settle the dispute with Brussels, so the commission may release €36 billion in grants and loans from its pandemic recovery fund – amid concerns that Poland is pushing back on the bloc’s governance Is- principles of law.
The Polish parliament passed a law on some judicial reforms, particularly those dealing with how to discipline judges, as part of “milestones” agreed between Warsaw and Brussels to receive the recovery fund cash. But last week President Andrzej Duda Sent Law to the Constitutional Tribunal to see if it violates the Polish constitution.
As well as the current legal action by the Commission, the tribunal also faces an internal rebellion, as several judges refuse to recognize that Julia Przelbska is still the court’s legitimate president.
Poland is already in trouble with the CJEU, as it has neglected a Order To suspend the functioning of the controversial mechanism of disciplining judges. european union court imposed A daily fine of €1 million from October 2021, which is now €476 million.