The European Fee Wednesday referred Poland to the Court docket of Justice of the European Union for rulings by Poland’s Constitutional Tribunal that the Fee argues violate EU legislation. The Fee expressed deep concern about rulings that challenged the primacy of EU legislation in Poland, which they allege breach Article 19(1) TEU provisions that “guarantee efficient authorized safety.”
The Fee clarified that its major concern was the rights of Polish residents and making certain the rule of legislation is revered all through the EU. A press release defined:
The Fee’s goal is to make sure that the rights of Polish residents are protected and that they’ll take pleasure in the advantages of the EU in the identical approach as all EU residents. Primacy of EU legislation ensures equal utility of EU legislation throughout the Union. The Constitutional Tribunal with these rulings breached the final ideas of autonomy, primacy, effectiveness, uniform utility of Union legislation and the binding impact of rulings of the Court docket of Justice of the European Union.
The rulings in query would enable Poland to disregard EU legislation in sure conditions, difficult the basic construction of the EU itself, which binds its members with frequent insurance policies. Specialists have described the rulings as a “authorized Polexit” that will enable Poland to successfully take away itself from EU coverage obligations with out formally leaving the bloc. The Fee additionally cited the quite a few rule of legislation issues from its 2022 Rule of Law Report and asserted that the Constitutional Tribunal “not meets the necessities of an impartial and neutral tribunal.”
The referral is the third step within the European Commissions’s formal infringement procedure. The Fee beforehand despatched Poland a formal notice of infringement and a reasoned opinion requesting compliance. Following this referral, the Fee could search to impose penalties that strain Poland into compliance.
That is simply the newest confrontation between Poland and the European Fee, which has expressed issues in regards to the rule of legislation in Poland for years. In August, the European Fee threatened to withhold restoration funds if Poland didn’t meet judicial independence necessities and they’re going to seemingly search comparable penalties if the current points will not be resolved shifting ahead.
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