The European Court of Justice (ECJ) is to rule on whether the Polish Constitutional Tribunal is an "independent court" and "whether it violated EU law" by issuing rulings in 2021 that affirmed the primacy of the Polish constitution over EU law.
Poles say that there is no principle in European treaties that establishes the primacy of EU law.
The ECJ's verdict is expected in the context of the current ruling coalition's planned takeover of the Constitutional Tribunal and its may help the EU centric government.
The Polish Constitutional Tribunal issued rulings indicating the primacy of national law over EU law on July 14 and October 7, 2021.
The ruling of October 7, 2021, addressed a question posed by then-Prime Minister Mateusz Morawiecki, who sought a comprehensive resolution to the conflict between European law and the Polish constitution. The Constitutional Tribunal ruled that European provisions empowering national courts to disregard constitutional provisions or to rule on the basis of repealed norms are incompatible with the Polish Constitution. "EU treaties – as acts of international law – take precedence over national laws of statutory rank, but they cannot override the constitution," the Constitutional Tribunal stated.
- Based on reporting by Niezalezna.
