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That is behind the legal dispute between Poland and the EU
In the dispute between the EU and Poland, Commission President Ursula von der Leyen has announced a tough line. The European Commission is currently looking closely at the judgment of the Polish Constitutional Court, said von der Leyen on Tuesday in front of the European Parliament in Strasbourg. The Constitutional Court in Warsaw ruled in early October that parts of Polish law take precedence over EU legislation, which is a violation of the European treaties. Von der Leyen announced consequences: “I can tell you today that I am deeply concerned. This judgment calls the foundations of the European Union into question. It is a direct challenge to the unity of the European legal order. We cannot and will not allow that our common values are being jeopardized. The Commission will act, and the options are all known. The first option is infringement proceedings, in which we will legally challenge the judgment of the Polish Constitutional Court. Another option would be conditionality mechanisms and other financial instruments. The Polish one The government has to explain to us how it intends to protect European funds in the face of the judgment of the Polish Constitutional Court. ” On January 1, 2021, the new regulation on conditionality with regard to the rule of law came into force. If the EU Commission determines that the rule of law of the EU has been violated in a member state and on this basis misuse of EU funds is made possible, the EU can reduce or even freeze funds for the country concerned. Poland has long been accused by the EU Commission and member states of violating democratic rights and community rules. For example, the new so-called abortion law is also heavily criticized. The European Court of Justice (ECJ) also sees the judicial reform of the government led by the national-conservative PiS party as difficult. In Poland, a newly established disciplinary body at the country’s highest court can dismiss any judge or prosecutor. According to the ECJ, this violates European law. Poland’s Prime Minister Mateusz Morawiecki defended his government’s course and the current ruling by his highest court. “Today we have come so far that it is now necessary to say ‘stop’. The EU’s competences have clear limits and we must not remain silent when these limits are exceeded. That is why we say ‘yes’ to European universalism and ‘No’ to European centralism. ” At the same time, he emphasized that his country wanted to remain a member of the EU. However, this should result in advantages for both sides. Poland is supported primarily by Hungary in its stance. The issue is expected to play a role at the summit of heads of state and government on Thursday and Friday. From the point of view of the Federal Constitutional Court, it is also disputed whether judgments of the European Court of Justice generally have priority over judgments by national courts. In May 2020, the Karlsruhe judges had objected to bond purchases by the European Central Bank worth billions – and thus opposed an ECJ ruling for the first time.
EU Commission President Ursula von der Leyen and Poland’s Prime Minister Mateusz Morawiecki did not meet during the debate in the EU Parliament on Tuesday.