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EC express concern over Poland’s top court ruling on constitution primacy

Thursday’s presentation of the ruling of the Polish Constitutional Court raises serious concerns in connection with the primacy of EU law and the authority of the Court of Justice of the European Union, the European Commission stated in a press release.

Polish constitution with primacy over EU law: top court

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“The Commission upholds and confirms the fundamental principles of the EU legal order, namely that the European law takes precedence over national law, including constitutional rules; all judgments of the Court of Justice of the EU are binding on all authorities of the Member States, including national courts, ”the European Commission announced.

The EC stated it would analyse in detail the Thursday ruling and would decide on further steps. “The Commission will not hesitate to use its powers under the Treaties to protect the uniform application and integrity of Union law,” it was pointed out in the statement.

“The EU is a community of values ​​and rights that must be respected in all member states. The rights of Europeans under the treaties must be protected no matter where they live in the European Union. The task of the European Commission is to oversee the proper functioning of the legal order of the Union and it will continue to ensure this,” the EC concluded.

On Thursday, the Constitutional Court, after examining the application of the Prime Minister Morawiecki, ruled that European regulations in the scope in which the organs of the European Union operate outside the limits of powers conferred by Poland are inconsistent with the constitution.

The judgment specified that the provisions of the Treaty on EU, authorising national courts to review the legality of the appointment of a judge by the president and the resolutions of the National Council of the Judiciary on the appointment of judges are inconsistent with the Polish constitution.

Furthermore, the EU provision authorising national courts to bypass the provisions of the constitution or rule on the basis of annulled norms was deemed unconstitutional as well.

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