Dean Spielmann, the Advocate General of the TEU attacks the Polish Constitutional Court. He described the judgments of 14 July and 7 October 2021 as a ‘rebellion’ which is simply a violation of ‘the primacy, autonomy and effectiveness of EU law’. "They truly treat us like their colony," commented MP Sebastian Kaleta on platform X of PiS, who recalled that in these judgments the Court simply considered the constitution to be the highest law in Poland. The fact is...
Advocate General Dean Spielmann proposed that the TEU declare that Poland has failed to fulfil its obligations under European Union law. In his view, the judgments in question disagree importantly from the case law of the CJEU on ensuring effective legal protection.
By means of these judgments, the Polish Constitutional Court frontally struck the fundamental principles of the Union's legal order and the authority of the Court's judgments (EU Justices). In no case may violations of these principles be justified by national law, including constitutional law. Similarly, recourse to the constitutional identity of a associate State cannot undermine the fundamental principles of Union law
— recognised the Advocate General of the TEU.
The opinion is an introduction to the TEU judgment; judges may agree with it and that is usually the case, but they may besides issue a completely different judgment.
‘TK cannot be considered an independent and impartial court’
The appointment of 3 judges of the Polish Constitutional Court and its president in December 2015 was subject to a series of irregularities, which is why the Constitutional Tribunal cannot be regarded as an independent and impartial court established by law within the meaning of Union law.
said the Advocate General of the TEU.
On Tuesday, the Advocate General of the Court of Justice of the European Union delivered an opinion on the basis of which the Luxembourg judges would then deliver a judgment.
This is simply a complaint by the European Commission against the judgments of the Constitutional Tribunal undermining the primacy of EU law. In February 2023, the Commission requested the EU Court to declare an infringement.
In its judgement of 14 July 2021, whose compliance with EU law is assessed by the Court of Luxembourg, the Constitutional Judicial Authority of that State considered the TEU temporary measures relating to the plan and functioning of the constitutional authorities to be incompatible with the Polish Constitution. The day before, the TEU ordered Poland to suspend the functioning of the Disciplinary Board in the ultimate Court as part of specified a temporary measure.
In its judgement of 7 October 2021. The TK stated that the national constitutions of the EU associate States are always in the first place in the hierarchy of law.
EU treaties, as acts of global law, take precedence over national law, but cannot overtake the Constitution
“the Polish TK said.
In the opinion of the Advocate General of the TEU, both judgments are illegal. As he stressed, only the TEU is entitled to a final settlement of the conflict between Union law and the constitutional identity of a associate State.
‘In this Union, double standards"
The first comments were already made, including politicians of the Polish opposition.
The designation of the Constitution as the highest law in Poland according to the spokesperson for the TEU is “rebellia”. They truly treat us like any kind of colony. The current government in Poland agrees with this position and meekly implements guidelines of EU officials.
“ Sebastian Kaleta wrote.
What is different is erstwhile the German national Constitutional Court held a very akin position – including rulings in Solange, Solange II, Honeywell, ECB... due to the fact that erstwhile German FTK does it is metaphysics, gathering with the Supreme... and erstwhile Polish TK – it is an “unprecedented rebellion”. And that's how you live slowly, in this Union of double standards.
“PiS MP Paweł Jabłoński added.
Let us remind that the opponents of the PiS government for 8 years ran in shirts with the inscription “Constitution” and tried to make the basic law a symbol to measurement “Solidarity”. Isn't it crucial today?
aja/PAP, X
