“In light of the Constitution of the Republic of Poland, and in particular Art. 8 of the Polish Constitution reads that the Constitution is the supreme law of the Republic of Poland,” said Patryk Jaki in the “News of the Day” program on Radio Maryja.
The MEP from Sovereign Poland referred to the case of the European Commission which filed a complaint against Poland with the CJEU.
The complaint is about the fact that the Constitutional Court has taken a different decision than the politicians wanted. This means that there is no principle that EU law takes precedence over national law, which is obvious to anyone who has even studied the matter for a moment, because there is no such rule in the Treaties at all. I have often asked them in committees to show where such a rule exists that EU law takes precedence and whether it exists at all. Of course there is no such point. They refer to the jurisprudence of the CJEU, ie they have created a “super government” in Europe to discipline everyone. The CJEU has created a legal basis for itself, which it now uses. According to this reasoning, secondary law is stronger than primary law
said Jake.
We cannot agree with this reasoning. In light of the Constitution of the Republic of Poland, and in particular Art. 8 of the Polish Constitution reads that the Constitution is the supreme law of the Republic of Poland. We would have to break the law to accept such a thing. This is also a tip for everyone in the upcoming elections, when the opposition comes to power, because they agree with the primacy of EU law. If EU law will always prevail over Polish law, why a Polish state at all? This is already the creation of a European state
– added.
No Polish representative
Patryk Jaki also drew attention to the issue of Marek Safjan’s tenure at the CJEU.
The problem is that Poland has no representative there, which means that the treaty is already being broken here, because the Polish representative is Mr. Marek Safjan, whose term of office expired almost two years ago, and they do not want to agree to the appointment of a judge appointed by the current and previous United Right government, violating all possible treaties, illegally extending the term of office of a person who is not impartial in any way (she regularly appears on TVN, she also had a conflict with the leaders of the right-wing camp of the United Right). )
– argues the MEP.
According to Jaki, it makes no sense to dream of a favorable ruling for Poland.
The CJEU has become the political press of the will of the European mainstream and let us not be under the illusion that it will ever issue a ruling that would be unfavorable to the pro-German opposition in Poland
– say.
We should do what the Federal German Constitutional Court did, which in 2000, when it decided that the CJEU was outside its jurisdiction, would not do. If there is a decision ultra vires i.e. above the treaties, above the powers then the judgment is not enforced and this is exactly how it should be in the case of Poland
he adds.
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Source: wPolityce