"The unprecedented "rebellion" position adopted by the Polish Constitutional Court in its judgments of 14 July and 7 October 2021 violates the priority, autonomy and effectiveness of EU law", said the spokesperson for the TEUE Dean Spielmann.
That's what he said. Advocate General of the Court of Justice of the European Union in an opinion delivered on Tuesday. The European Commission’s complaint to Poland was Common.
Dean Spielmann proposed to the TEU to state that Poland had 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 these judgments Polish Constitutional Court it has struck the fundamental principles of the Union's legal order and the authority of the Court's judgments (EU Justices). In no case can violations of these principles be justified by national law, including constitutional law. Similarly, the constitutional identity of the associate State cannot undermine the fundamental principles of Union law“, said the Advocate General of the TEU.
The opinion is an introduction to the TEU judgment. The judges may agree with it – and this is usually the case – but they may besides issue a completely different sentence.
More information soon...
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