The European Commission announced Wednesday that it will refer Poland to the Court of Justice of the European Union (CJEU) for challenging the fundamental principles of the European Union by ruling that EU laws are incompatible with the country’s constitutional order.
«Everyone in the European Union must enjoy the fundamental principles and rights of the Community legal order, including the right to a court that is independent,» said Justice Commissioner Didier Reynders in a message broadcast on networks to announce the decision of the EU executive.
Brussels initiated a sanctioning procedure against Poland in December 2021 with the sending of a letter of formal notice to the ultra-conservative government of Mateusz Morawiecki for two judgments of July and October of that year in which the Polish Constitutional challenged the primacy of Community law.
«The primacy of Union law guarantees the equal application of European law throughout the Union», reasoned the Community services, which see in the decisions of the Polish Constitutional Court an «unduly restrictive» interpretation of the right to effective judicial protection of all Europeans.
In its analysis for deciding to refer the case to the European Court of Justice, Brussels argues that the Polish Constitutional Tribunal «no longer meets the requirements of an independent and impartial court previously established by law».
In fact, the EU executive points to «irregularities» in the procedures for the appointment of three judges in December 2015 and in the election of the president of the Constitutional in December 2016.
In the early stages of the sanctioning file, Poland rejected the Community arguments and Brussels now says that its explanations do not «calm the concerns» of its services regarding the situation of justice in this country.
Source: (EUROPA PRESS)
