Thursday, November 26, 2020

"The head of the European Commission cannot not know it." Ursula von der Leyen is acting in bad faith

 The head of the European Commission, Ursula von der Leyen, said yesterday in the European Parliament that states that have doubts about the rule of law mechanism may raise objections to the Court of Justice of the EU. "This is the place where legal issues are normally clarified," she noted.

Asked for a comment at a press conference, the Prime Minister Mateusz Morawiecki stated that "in order to challenge any act of the European Union to the Court of Justice, this act must be adopted. (...) We strongly oppose the adoption of an act which is bypassing the treaties."

“Just as the Polish constitution cannot be governed by a law or a regulation, treaties are the most important in European law. And please refer to the opinion of the legal services of the Council, which said what I am saying now,” - said the PM during the press conference. The head of government answered journalists' questions about the visit to Budapest and the veto against the connection of the so-called rule of law mechanism with the EU budget.

When asked today about this in radio interview the Minister of Justice Zbigniew Ziobro assessed that the head of the European Commission must not be unaware that European treaties, which are the primary law of the EU do not allow the CJEU to settle such issues.

"It is very clearly written in the treaties that the only body authorized to conduct this type of procedure is the Council," - said Ziobro.

In his opinion "we are dealing not so much with the omission, but with the breach of the categorical guarantee clause specified in the Treaties, which was precisely formulated in such a way that there would be no possible abuse to the detriment of one of the states."