Thirty-three years after the fall of the Berlin Wall, Europe is still not united, according to Kinga Gál.Continue reading
“The European Commission is taking Poland to court over rulings from Polish judges considered by experts as a ‘legal Polexit’ that fundamentally undermine the EU’s legal order,” The Guardian reported on Wednesday.
The Brussels decision will increase pressure on the Polish government, according to the British paper. Elections will be held in the autumn and Warsaw is still denied access to EU recovery funds over EU objections to the independence of the judiciary.
The Guardian noted that the current legal case is a response to a July 2021 decision by Poland’s constitutional court that declared measures imposed by the Court of Justice of the EU unconstitutional, “a fundamental breach of the principle of the supremacy of EU law, which Warsaw signed up to when it became a member state.”
The Hungarian government has already expressed its position in this debate and assured the Polish leadership of its support. As far back as in October 2021, Prime Minister Viktor Orbán signed a government resolution that welcomed the decision adopted by the Polish constitutional court about the relationship between national law and the law of the European Union, and simultaneously called upon the institutions of the EU to respect the sovereignty of member states.
According to the resolution:
the decision of the Polish constitutional court was prompted by the EU institutions’ poor practice that has no regard for the principle of the delegation of powers and attempts to withdraw powers from the member states, without the amendment of the Treaties, which have never been conferred upon the European Union.”
“The primacy of EU law can only apply to areas where the European Union has competence, and the framework thereof is laid down in the Treaties of the European Union,” the document states.
Featured photo Miniszterelnöki Sajtóiroda/Benko Vivien Cher