A groundbreaking judgment of the Constitutional Tribunal on the Green Deal. The tribunal found that the Green Deal was inconsistent with the Polish Constitution and, therefore, illegal.
The Constitutional Tribunal noted how the European Union adopts climate policy and imposes it on its Member States. However, it is often overlooked that when it comes to sources of electricity used by the Member States, Article 192 of the Treaty on the Functioning of the European Union stipulates that legal acts affecting the choice of these energy sources must be adopted by unanimity, i.e., with the right of veto.
Meanwhile, the ETS system, encompassing both the building and transport systems, which was extended as part of Fit for 55, and the one from the 2014 climate package, was consistently adopted by a majority vote. In this way, Poland was deprived of the right of veto in these procedures. Today's ruling by the Constitutional Tribunal effectively confirmed that the Green Deal in Poland is simply illegal.
According to the Constitution, the judgments of the Constitutional Tribunal have universally binding force and are final.
- Based on Dorzeczy(.)pl
