On Wednesday, Brussels initiated legal proceedings against Poland over the primacy of the European Union (EU) law in the country, after a Polish constitutional tribunal ruled in October that some parts of EU law are incompatible with the Polish constitution, thereby establishing the primacy of local laws over EU law.
The Wednesday ruling by the European Court of Justice’s (ECJ), the bloc’s top court, also stated that Poland had failed to comply fully with the injunction issued in July to dissolve the disciplinary chamber and reverse the effects of the decision to remove provisions for judicial immunity.
The European Commission expressed grave concern over the tribunal ruling and confirmed initiating the infringement procedure against Poland. In a statement, it said: “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 statement added that the Commission has “serious doubts on the independence and impartiality of the Constitutional Tribunal,” as some believe it is under the control of Poland’s ruling party.
EU Commissioner for Justice Didier Reynders 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.”
Today, we are launching an infringement procedure against #Poland for violations of EU law by its Constitutional Tribunal. 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.
— Didier Reynders (@dreynders) December 22, 2021
Poland has two months to respond to the Commission’s infringement procedure.
Reacting to the latest development, Polish Prime Minister (PM) Mateusz Morawiecki said he disagrees with the ruling that the Constitutional Tribunal doesn’t meet the requirements to be considered an independent court. He noted, “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.”
Likewise, Deputy Justice Minister Sebastian Kaleta called it an attack on Poland’s constitution and sovereignty. He added in a tweet that the Court of Justice of the European Union had allowed Romania to bypass the same provisions Poland is being forced to abide by.
Oto przepis Konstytucji Rumunii, który TSUE wczoraj pozwolił sądom krajowym pomijać. Analogiczny przepis mamy w polskiej konstytucji. Dzisiaj KE atakuje właśnie Polskę. Realizowana jest operacja podporządkowania UE sądów konstytucyjnych, czyli TSUE chce oceniać konstytucję sam! pic.twitter.com/xMVN5jQcKN
— Sebastian Kaleta (@sjkaleta) December 22, 2021
The legal proceedings are one of the many cases Brussels has initiated against Warsaw to force its ruling conservative Law and Justice (PiS) to reverse some of its controversial judicial reforms.
In recent years, Poland passed a series of laws that challenge the supremacy of the EU law and compromise the judicial process. The judicial system has been overhauled to allow the government to dismiss judges opposing the reforms, lowered the retirement age of Supreme Court judges, and established a chamber to discipline judges who do not toe the line.
In October, Poland’s Constitutional Tribunal ruled that the country’s EU membership does not give the bloc’s courts supreme legal authority and established the supremacy of the Polish constitution over some parts of EU treaties. Earlier in August, Poland had said it would shut down the disciplinary chamber. However, come October, the Polish Tribunal Court questioned the supremacy of EU law.
Subsequently, the EU imposed a fine of €1 million per day for not complying with the ECJ’s decision. In November, the Commission activated the conditionality mechanism, linking compliance to the rule of law with receiving payments from the EU budget.
While the Polish goverment has reiterated the necessity of such reforms to streamline the judiciary and eliminate the remains of the communist regime, critics believe that the move has reduced the judiciary’s independence.
EU leaders have previously condemned the Polish tribunal’s ruling, with Irish PM Micheál Martin calling it a “slap in the face.” Similarly, Luxembourg PM Xavier Bettel has said, “We have rules, so we have to respect them.”