Poland has two months to take the necessary measures to align with EU law. The European Commission is continuing the proceedings in the dispute over the lack of respect for the rule of law in Poland. Poland will be sent a reasoned opinion regarding the decision of the Polish Constitutional Court, which called into question the primacy of EU law.
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On December 22 last year, the European Commission already sent an official reminder to Poland as part of the infringement procedure, in which it expressed concerns about the jurisprudence of the Polish Constitutional Court, especially its judgments in July and October last year.
In these judgments, the Polish Constitutional Court stated that the provisions of the EU treaties are incompatible with the Polish constitution, which, according to the commission, violated Article 19 of the EU Treaty, as well as the general principles of autonomy, primacy, effectiveness and uniform application of Union law and of the binding effect of judgments of the Court of Justice of the EU.
In an official warning, the European Commission stated that Poland did not fulfill its obligations from the mentioned article, because due to irregularities in the procedures for the appointment of two judges and a female judge in December 2015 and in the selection of the president in December 2016, the Constitutional Court no longer fulfills the requirement of an independent, impartial and previously established by law established court, they explained in Brussels.
In response to a formal warning received by the European Commission in February this year, Poland did not resolve the Commission’s concerns, so it decided to take the next step in the infringement procedure and send Poland a reasoned opinion. Poland has two months to take the necessary measures to harmonize with EU law, otherwise the European Commission can submit the case to the Court of Justice of the EU, the message added.
Today’s decision of the commission has already been reacted to in Warsaw. Deputy Minister of Justice Sebastian Kaleta he called her “an unprecedented attack on Poland“.
The European Commission not only wants to force the annulment of the decisions of the Polish Constitutional Court, but also owns the right to judge the independence of the court and the election of its judges by the parliament. In addition, it undermines the Polish constitution, Kaleta, otherwise a member of the smaller government party Solidarna Polska, wrote on Twitter.
