The European Commission on Wednesday launched legal action against Poland over a controversial ruling of the country’s Constitutional Tribunal, which said that the national constitution takes precedence over some EU laws.
The decision adds up to numerous legal cases that Brussels has started against Poland to force its conservative ruling Law and Justice (PiS) party to reverse some of its radical judiciary reforms, which critics say put the country’s judges under political control.
In October, Poland’s Constitutional Tribunal ruled that the Polish constitution has primacy over some parts of the EU Treaties and some of the rulings of the EU’s highest court, especially those that could influence the country’s judiciary.
“The Commission considers that these rulings of the Constitutional Tribunal are in breach of the general principles of autonomy, primacy, effectiveness and uniform application of Union law and the binding effect of rulings of the Court of Justice of the European Union,” the Commission said in a statement.
The Commission has also raised doubts on “the independence and impartiality” of the Tribunal itself — which the opposition and some legal experts say is under the political control of PiS politicians. “It no longer meets the requirements of a tribunal previously established by law,” the Commission said.
“We’ve tried to engage in a dialogue but the situation is not improving. Fundamentals of the EU legal order, notably the primacy of EU law, must be respected,” EU Commissioner for Justice Didier Reynders said on Twitter.
Věra Jourová, a Commission vice president who also oversees the rule of law in her portfolio, added on Twitter that to solve the rule-of-law disputes between Warsaw and Brussels, she wishes that “the Polish Government will seriously reconsider its approach so that in 2022 we find a way to engage in dialogue.”
Poland’s Prime Minister Mateusz Morawiecki said later on Wednesday he “deeply disagrees” that the Constitutional Tribunal doesn’t meet the requirements to be considered an independent court.
“Not only does it meet all the requirements of independence, but it is also the Constitutional Tribunal that really cares for the Constitution, making it truly the highest law of the Republic of Poland,” he added at a press conference.
Earlier this year, Poland was hit with a record €1 million-per-day fine for not complying with the EU’s court decision to suspend the Polish disciplinary mechanism for judges. The charging of the fine is still ongoing as the new procedure is launched. In November, the Commission also took a first informal step toward using a so-called conditionality mechanism — which would link complying with rule-of-law principles to receiving payments from the EU budget.
The Commission’s decision Wednesday to send the letter of formal notice is the first step in the legal action which can eventually end up in the Court of Justice of the EU. Warsaw now has two months to reply to the letter.
