Poland high court rules EU laws violate constitution – JURIST – News


Poland’s constitutional court ruled on Thursday that some parts of European Union (EU) law are not compatible with the Polish constitution, declaring that the constitution supersedes EU laws and setting off an EU legal crisis.

The ruling was adopted by majority vote and found that Article 4(3) of the Treaty on European Union in conjunction with Article 279 of the Treaty on the Functioning of the European Union are inconsistent with Articles 2, 7, 8(1), 90(1) and 4(1) of the Constitution of the Republic of Poland.

The court found that the EU laws ultra vires impose obligations on the Republic of Poland as a member state, by prescribing interim measures to the organizational structure and functioning of Polish courts as well as to the mode of proceedings before those courts. The case began in April when Poland’s prime minister, Mateusz Morawiecki, filed a request asking the constitutional court to analyze the “collision between the norms of the European law and the national Constitution.”

The European Commission said it reaffirms the primacy of EU law. The statement said the Commission will “analyse the ruling of Polish Constitutional Tribunal in detail and [] decide on the next steps,” and it “will not hesitate to make use of its powers under the Treaties to safeguard the uniform application and integrity of Union law.”

President of the European Parliament, David Sassoli, stated that “the verdict in Poland cannot remain without consequences. The primacy of EU law must be undisputed. Violating it means challenging one of the founding principles of our Union.”





Source link

Leave a Reply

Your email address will not be published. Required fields are marked *

Money Laundering
Article Laws in India Legal Updates/News

Unraveling the Complex Web of Money Laundering, its 3 stages: A Deep Dive into Notorious Cases

Money laundering is a pervasive and intricate criminal activity that poses a significant threat to the global financial system

Read More
Legal Updates/News

Corruption a termite in every system: High court

Lucknow: The Lucknow bench of the Allahabad high court while refusing anticipatory bail to a government doctor, observed that corruption was a termite in every system and once it entered the system, it went on increasing. Rejecting the anticipatory bail of a government doctor, justice Krishna Pahal observed on February 25: “Corruption is a termite […]

Read More
Legal Updates/News

SC Allows CBI to Probe 17-Year-Old Girl’s Death by Suicide in TN

New Delhi: The Supreme Court on Monday allowed the CBI to proceed with the probe into the suicide of a 17-year-old girl in Thanjavur who was allegedly coerced to convert to Christianity. A bench of Justices Sanjiv Khanna and Bela M Trivedi issued notice on the appeal filed by the Tamil Nadu DGP challenging the […]

Read More