Legal Polexit: Polish court rules EU laws incompatible with its constitution

Poland’s constitutional tribunal has ruled that some EU laws are in conflict with the country’s constitution, taking a major step towards a “legal Polexit” with far-reaching consequences for Warsaw’s funding and future relations with the bloc.

The tribunal, whose legitimacy is contested after multiple appointments of judges loyal to the ruling nationalist Law and Justice (PiS) party, said some provisions of EU treaties and EU court rulings clashed with Poland’s highest law, adding that EU institutions “act beyond the scope of their competences”.

“This is a legal revolution,” said René Repasi, professor of international and European law at Erasmus university in Rotterdam. “Admittedly it’s a captured court, but this is furthest step towards a legal exit from the EU ever taken by a national court.”

In a strongly-worded initial reaction, the European Commission said the decision on Thursday raised “serious concerns”. It reaffirmed that “EU law has primacy over national law, including constitutional provisions”.

The commission added that rulings by the European court of justice are “binding on all member state’s authorities, including national courts”, and said it would “not hesitate to make use of its powers under the treaties to safeguard the uniform application and integrity of union law”.

Commission reaffirms primacy of EU law

All judgments of the European Court of Justice are binding on all authorities and courts of the member states, according to a statement by the Commission. "We will analyze the judgment of the Polish Constitutional Court in detail and decide on the next steps." One will not hesitate to make use of one's own powers under the treaties in order to "ensure the uniform application and integrity of Union law".

The President of the European Parliament, David Sassoli, also criticized the court: "Today's 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", he wrote on Twitter.

Source: The Guardian / Der Newsticker

Photo: Wojtek Radwanski/AFP/Getty Images.