The European Fee has requested Poland to not query the primacy of EU over nationwide regulation, eliciting livid rebukes from the Polish authorities.
EU justice commissioner Didier Reynders points the request in a proper letter to Warsaw this week, his spokesman mentioned on Thursday (10 June).
It got here after the Polish prime minister, Mateusz Morawiecki, had requested Poland’s constitutional court docket for a verdict on the difficulty in March.
“The Fee is worried about this movement because it contests basic rules of EU regulation, specifically the primacy of EU regulation,” Reynders’ spokesman mentioned.
“All judgements of the European Courtroom of Justice are binding on Member States’ authorities, together with nationwide courts. The Fee subsequently requests the withdrawal of the movement of the prime minister with the Constitutional Tribunal,” he mentioned.
Poland has one month to answer, he added.
However for his half, Morawiecki fired again a verbal response the identical day.
“I thought-about our proper to submit our query as vital, as such a possible collision [between EU and Polish laws] is feasible,” he instructed media, in keeping with the AP information company.
And Poland’s justice minister, Zbigniew Ziobro, was much more outspoken.
“That is proof of an obnoxious, colonialist angle towards Poland,” Ziobro mentioned.
“I can not recall a case through which some social gathering secretary in Moscow wrote to Wojciech Jaruzelski [a Polish communist-era leader] or one among his predecessors, demanding that he withdrew a movement from the court docket … even in these instances they saved up appearances [of Polish sovereignty],” he added.
The fee, earlier on Wednesday, additionally initiated authorized proceedings in opposition to Germany to drive it to declare EU regulation had priority over German regulation.
The German constitutional court docket in Karlsruhe had additionally challenged the concept in a current judgement.
The Polish verdict was resulting from come out in April however has been delayed.
A lot of the judges on the Polish tribunal have additionally been appointed immediately by Morawiecki’s nationalist-populist Regulation and Justice social gathering and are anticipated to rule in opposition to EU pursuits, amid EU concern about lack of judicial independence in Poland.
The very fact Ziobro had “unfettered, unreviewable, and non-transparent discretion” on tops jobs for judges was underlined as a priority in an opinion by a authorized skilled on the EU court docket in Luxembourg final month, as an illustration.
The Polish regime didn’t give “affordable confidence that judges … aren’t topic to exterior strain and political affect, and haven’t any vested curiosity within the consequence of [cases],” the EU skilled mentioned.