Ursula van der Leyen, The head of the European Commission expressed concern over the situation in the Polish judiciary and stressed the priority of EU law during the debate on the decision of the Polish Constitutional Court to give priority to the national constitution in the European Parliament session. Tuesday in Strasbourg. Mathews Moraviki The Polish Prime Minister stressed the sovereignty of the member states and said that EU institutions should not be allowed to impose their decisions on others without legal basis.
Decision of the Polish Constitutional Court
In early October, the Polish Constitutional Court ruled on the priority of the national constitution in areas where EU law does not have special powers. The Committee does not question the primacy of social law in all matters capable of unionization, but states that the National Constitution is at the forefront of the legal system.
Arguments of the Prime Minister of Poland
Moraviki said in the debate, MTI report: It is worrying that the union has divided Europe into good and bad, strong and weak countries. The rules of the game must be the same for everyone and must be complied with by all, including EU institutions. That is the rule of law, he said. There are differences and Poland wants these differences to be respected with the decisions of sovereign countries. However, the dual approach model should be abolished, he said.
He stressed that member states should react if EU companies violate their powers under the agreements. The EU is not a state, it is made up of twenty – seven sovereign member states subject to EU treaties. Powers have been delegated to EU institutions by member states, but many areas remain and remain national competencies.
In his words, if anyone wants a “superstate” without nations, it needs the approval of the member states. However, Europe must be a community of equal, sovereign nations, and the EU cannot be an organization above member states. They should not be allowed to impose their decisions on others without legal basis or be used to extort funds against specific member states, he said. We do not see it in the agreements, “he said.” According to the Polish prime minister, Poland’s vision is different from that of European centralism.
The head of the European Commission sees it differently
In his speech, European Commission President Ursula van der Leyen said that the decision of the Polish Constitutional Court in early October, which established the priority of the national constitution, calls into question the foundations of the European Union.
The Polish regime, deeply concerned about the situation, poses a direct challenge to the unity of EU law and order.
He said the dialogue initiated by the EU panel was deteriorating despite the dialogue in Poland, which was confirmed by both the European Court of Human Rights (ECtHR) and the European Court of Justice. It ended in a ruling by the country’s Constitutional Court, he said.
Only a common law mandate provides for equal rights, legal guarantees, mutual trust between member states and common EU policies, he said. He stressed that without independent courts, it would be very difficult to protect the people and their rights would become very dangerous. As promised by van der Leyen, the European Commission will take legal action if necessary and explain how the Polish government wants to protect EU money.
We cannot allow our common values to be compromised
– Said the head of the EU committee.