🇵🇱👩⚖️⚖️🇪🇺 The Prime Minister of Poland is requesting the Constitutional Tribunal to "once and for all establish that the Polish Constitution is superior to EU law". This is wrong on many levels. (1/7)
First of all, the relationship between national law and EU law has been the subject of several landmark decisions of CJEU in the past. This matter is more or less resolved on the EU side of the things and there's little ambiguity here. (2/7)
On the Polish end, this has been resolved, too. The Polish Constitution, sadly, does not have much in the way of tackling the issue, as unlike some other MS it lacks an "EU Chapter" that would detail how does EU law fit into the Polish legal system. (3/7)
But the Polish Const Tribunal - back when it was a serious constitutional court - did rule on this, saying that in a case of a conflict between EU law and the Polish Constitution, there are three ways out: to amend the Constitution, to alter the EU law or to leave the EU. (4/7)
This approach was already applied in Poland when the European Arrest Warrant was introduced, as it was incompatible with the Constitution. Poland altered its basic law to conform with EAW, adjusting the ban on any extradition out of Poland to allow exception for EAW. (5/7)
It seems like this is an attempt to rubber-stamp the government flouting CJEU and ignoring EU law in cases such as the Disciplinary Chamber judgment of CJEU. The Constitutional Tribunal will likely do whatever the ruling party requests it to do. (6/7)
How will this play out depends entirely on whether the European Commission will be able to successfully bludgeon (I think we're past 'convincing' or 'pressurising') the Polish government into respecting the CJEU and the rule of law. (7/7)
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