Saturday, August 6 2022

Left-wing and liberal commentators interpret the latest ruling by the Polish Constitutional Court on a European Court of Justice (CJEU) verdict as a declaration of the primacy of Polish over EU law. They see this as an existential threat to the unity of the EU. A liberal jurist describes the question as legally not completely unequivocal. A conservative lawyer believes that both sides have valid arguments in the dispute over the widely contested decision of the Polish Constitutional Court in the conflict between national law and European law, because the provisions of the fundamental treaty of the European Union are not not unequivocally.

Overview of the Hungarian press by

Background information: The Polish Constitutional Court has ruled that EU regulations, if interpreted as allowing or obliging national authorities to ignore their own constitution, are incompatible with the basic law of Poland. What was at stake was a verdict by the European Court of Justice which called the creation of a disciplinary council to monitor potential violations of the law by Polish judges illegal. The Polish government having rejected this interpretation, the European Court imposed a daily fine of one million euros on Poland.

24.huby Zsolt Kerner writing that the Polish Constitutional Court was wrong when it ruled that the Polish Constitution had primacy over EU law in matters which are not explicitly governed by the EU treaties. The left-wing commentator finds it inevitable that the EU will respond harshly, to ensure that other countries do not follow suit. On the other hand, the EU is unlikely to punish Poland, as Hungary has already announced its intention to veto such decisions. Kerner goes on to note that the Hungarian government has also been a staunch critic of the EU’s “underhand expansion of power” through the European Court, but Prime Minister Orbán has never gone as far as the Court. Polish constitutional law and has always left an open door to making a case. The leftist commentator predicts that, as usual, the EU will prefer procrastination to solving difficult cases in which there is no easy compromise.

Telex‘s dám Kolozsi interpreter the Polish court ruling as a threat to EU unity. The liberal expert recalls that the European Parliament has already reacted by approving a resolution which qualifies the highest Polish court as illegitimate. Kolozsi also believes that the ruling by the Polish Constitutional Court has made it more difficult to negotiate an agreement between the EU and Poland.

At Private banking, law professor Péter Hack, former leading liberal politician, describe the question of whether Poland has violated EU law and therefore the Lisbon Treaty, as extremely controversial. The treaty, he writes, never mentions the primacy of EU law over national law. This principle derives from the practice of the European Court of Justice and has not been automatically respected by the Member States. Poland is not the only country to believe that national law prevails in areas where Member States have not transferred their sovereignty to the EU. What is more, not only Poland, but also France, Germany and Hungary believe that the “constitutional identities” of member countries are inviolable.

At Hungarian curator, a bimonthly English-language journal, constitutional scholar Soma HegedÅ‘s rejects the dominant interpretation of the EU that the Polish Constitutional Court declared the primacy of national law over European law. According to him, the court was satisfied to say that certain provisions of the Treaty of Lisbon as interpreted by the European Court of Justice are incompatible with the Polish constitution. The same Polish court, under previous parliamentary majorities, ruled in 2005 and 2010 that international treaties, including the transfer of powers to the European Union, could not undermine the primacy of the constitution, it adds. -he. The latest decision was harshly criticized by the President of the European Commission who threatened to “act”, while the European Court of Justice retaliated by imposing a daily fine of 1 million euros on Poland, because both read the Lisbon Treaty as a declaration of the primacy of European law over national law. The Treaty of Lisbon leaves undecided the contradiction between national sovereignty and “an ever closer union”, affirms HegedÅ‘s, and this is why, he concludes, the two parties “at war for the future of Europe. Consider that they can rightly refer to the treaty as justifying their positions.

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The countries of Central Europe will continue to protect Europe, themselves and their borders and help each other in this regard, Szijjártó said.

In the pictured photo: European Commission President Ursula von der Leyen with Polish Prime Minister Mateusz Morawiecki. Photo by MTI / EPA / PAP / Pawel Supernak


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