EU Commission statement in response to Polish constitutional tribunal judgment 
I've seen a suggestion that the Polish constitutional judgment should be interpreted as an Article 50 notification of withdrawal from the EU. This is unconvincing. The judgment (in the translated excerpts I have seen) does not state an intention to withdraw. 1/
2/ Nor AFAIK is it notified to the European Council, as required by Article 50(2) TEU. Thirdly, international law (the Vienna Convention on the law of treaties, which the CJEU has used to interpret Article 50) requires a notification from a senior government member.
3/ There may also be domestic legal rules governing any withdrawal notification - cf the disputes about the process which the UK had to follow under domestic law.
4/ Also, note the Commission implicitly does not seem to regard the judgment as a notification of withdrawal.
5/ There is a system by which a Member State can have aspects of EU membership suspended for serious and persistent breach of the rule of law, by unanimous vote of the other Member States. This is unlikely to be used, as Hungary would veto it.
6/ There is no express provision in the Treaties to allow the expulsion of Member States. While international law does provide for termination of a treaty if a party is in "material breach", this would again require a unanimous vote of the other Member States.
7/ Furthermore, in the Wightman judgment, the CJEU stated that a Member State could not be required to leave the EU against its will.
8/ The judgment might have implications for decisions on EU funding, or impact upon other cases about Poland and the rule of law pending before the courts.
This includes national courts, which might be even more reluctant to give effect to Polish European Arrest Warrants.
This includes national courts, which might be even more reluctant to give effect to Polish European Arrest Warrants.
9/ Good arguments here:
https://twitter.com/John_Cotter/status/1446354873864396800?t=1PlpA-xH_9AklB2AwUwlSQ&s=19
10/ Statement on the Polish court ruling by the Commission president - similar to the Commission statement last night
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