The European Commission (EC) will take Poland to the EU Court of Justice (CJEU) over rulings by Poland’s Constitutional Tribunal stating the primacy of Polish law over EU legislation.

The EC launched preliminary proceeding in the matter against Poland on December 22, 2021.

The EC said that in question are rulings from July 14 and October 7, 2021, which state the non-incompliance of EU Treaties with the Polish constitution, and which question the primacy of EU law over national legislation. 

According to the EC, the rulings violate “the general principles of the autonomy, primacy, effectiveness and equal application of EU laws, and the principle of the binding character of rulings passed by the EU Court of Justice.”

“The Commission’s aim is to ensure that the rights of Polish citizens are protected and that they are able to benefit from EU membership on the same principles as all other EU citizens. The primacy of EU law guarantees its equal application throughout the EU,” the EC wrote.

It also pointed out that the Polish rulings violate Article 19, paragraph 1 of the Treaty on European Union (TEU), which guarantees citizens the right to effective court protection.

The Commission also wrote that it did not consider the Polish Constitutional Tribunal an independent and neutral body owing to irregularities in the 2015 appointment of three of its judges and the 2016 appointment of its president. 

Commenting the EC’s move, presidential aide Marcin Przydacz said the Polish constitution was the main source of Polish law and had priority over international treaties.