Tuesday, May 7, 2024

Polish government recognized the primacy of EU law, in clear violation of constitution

According to the European Commission's announcement, the government in Warsaw "recognized the primacy of EU law", which was to become one of the reasons for closing the infringement procedure against Poland.

"This is an obvious violation of the Constitution and a violation of a number of Constitutional Tribunal judgments" - said Sebastian Kaleta, MP from opposition party, Sovereign Poland.

"Poland has launched a number of legislative and non-legislative actions to address concerns about the independence of the judiciary, recognized the primacy of EU law and committed to implementing all CJEU and ECtHR judgments regarding the rule of law, including judicial independence," - we can read on EC's website. 

Former Deputy Minister of Justice, Sebastian Kaleta announced that he will demand from the Minister for European Affairs, Adam Szłapka - under the procedure of parliamentary intervention - "full documentation, correspondence and notes related to the government's declaration of the renunciation of the supremacy of the Constitution in the territory of the Republic of Poland."

On October 7, 2021, the Constitutional Tribunal declared: "... in accordance with Article 87 of the Constitution, the system of sources of law in the Republic of Poland has a hierarchical structure. International agreements ratified with the consent expressed in the Act, such as the Treaty on European Union, are included in this hierarchy below the Constitution, which is the highest law in the Polish system of sources of law."

PN editor: It will be interesting to watch what President of Poland will do. In light of this development, he has a right to dissolve the government and the Sejm, and call for new parliamentary elections. At least in my view he should.

- Based on reporting by Niezalezna.