Polish Constitutional Court to rule on EU law primacy

Prime Minister Mateusz Morawiecki expects that the Constitutional Court will “effectively ensure the supremacy of the Polish Constitution over EU law.” [Shutterstock/andriano.cz]

Poland’s Constitutional Court – controlled by the ruling Law and Justice (PiS) party – will decide on Tuesday, on Prime Minister Mateusz Morawiecki’s request, whether certain provisions in the EU’s Treaties are compatible with Poland’s Constitution and whether the EU Court in Luxembourg (CJEU) can force the country to suspend part of its judicial reforms.

Morawiecki expects that the Constitutional Court will “effectively ensure the supremacy of the Polish Constitution over EU law.”

In June, the European Commission asked the PM to withdraw his request from the Court because it “challenges fundamental principles of EU law, particularly the primacy of EU law.”

If the country’s Constitutional Court were to rule certain EU provisions unconstitutional, Poland can either amend the Constitution, seek to amend EU law, or withdraw from the EU.

On Wednesday, the request made by the disciplinary chamber – a body created in the Supreme Court by PiS and perceived as non-independent by the Commission – will be taken up.

Both requests challenge provisions on which the CJEU would base a ruling to challenge PiS’ judiciary system reforms.

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