“De mening van de woordvoerder van de CJEU die Polen onder de volledige en onbeperkte controle van de HvJU die de Poolse grondwet en de soevereiniteit heeft vermoord, “schreef Sebastian Kaleta van PI’s op X. De voormalige vice -minister van Justitie vergelijkt de uitspraken van het Duitse federale constitutionele tribunaal en het Poolse constitutionele tribunaal, dat de grondwet speelt vóór The EU legislation.
In February 2023, the European Commission filed a complaint against the CT judgments that undermine the primacy of EU legislation and the primacy of the Polish Constitution. Now, during the election campaign, the Ombudsman General of the CJEU Dean Spielmann stated that the judgments of the Constitutional Tribunal of 14 and 7 October 2021 are an unprecedented “rebel” and reportedly violates the priority, autonomy and effectiveness of the EU legislation. He also believed that the constitutional tribunal could not be considered an independent and impartial court.
The opinion of the spokesperson for the CJEU that, under the complete and unlimited control of the ECJU that takes on the Polish Constitution and sovereignty, is an attempt to attack the Polish Constitution.
In recent years, Polish CT has not invented anything in terms of the superiority of national constituents on EU treaties. This is a long -term case -Law from both Polish and BV German CT.
Below are some important fragments of judgments.
The fact that the Polish government today agrees to grant the ECJ of unknown constitutions and the treaties of competence towards Poland, as evidenced by the change in the position of the government in this matter in January 2024, in my opinion Follow the characteristics of a crime of diplomatic betrayal under art. 129 of the Criminal Code
– Sebastian Kaleta wrote on X Pis MP.
Feel the same: only with us. The spokesperson for the CJEU has suddenly published an “opinion” about the constitutional tribunal. Saryusz-Wolski: “Interference in the election campaign”
Poland is no exception
Kaleta compares the content of the judgments of the German Federal Constitutional Tribunal of 30 June 2009 with the statements of the Polish Constitutional Tribunal of 2005 and 2011. Both tribunals determine the question of the superiority of the Constitution above the Union Act. The former Vice Minister of Justice showed that the judgments of the Constitutional Tribunal of 14 July and 7 October 2021, about which the spokesperson of the CJEU is talking, are not new when it comes to the case law line of the Polish constitutional court.
336. The courts of the Member States with a constitutional function cannot be robbed of the competencies granted to them – in accordance with the position of the basic law – liability abroad of their constitutional right to integrate and protect the inviolable constitutional identity
– We read in the pronunciation of the German FTK.
That is why the Constitution remains due to its special power, the “Supreme Law of the Republic of Poland” in connection with all international similarities that are binding on the Polish Republic. 8 para. 1 of the Constitution of the Superiority of Legal Power, it benefits on the territory of the Republic of Poland with priority and application.
– Assessment of the Constitutional Tribunal in the 2005 opinion.
Given the above, it must be stated that also because of the content of the art. 8 para. 1 of the Constitution is the constitutional tribunal obliged to understand its position that in basic cases, with the political dimension, he will retain the position of the “Last Wordhof” in connection with the Polish Constitution
– In turn, the CT ruling of 2011 sounds.
Also read: Interesting analysis of the “superiority” of EU legislation in EU countries. “Let’s check what constitutional courts say about the mythical primate”
KOAL/X
Source: wPolityce
Emma Matthew is a political analyst for “Social Bites”. With a keen understanding of the inner workings of government and a passion for politics, she provides insightful and informative coverage of the latest political developments.