- — The Polish Constitutional Court has frontally hit the fundamental principles of the Union's legal order and the authority of the judgments of the EU Court of Justice, said Advocate General of the Court of Justice Dean Spielmann
- This is 2 judgments of the Constitutional Tribunal of July and October 2021. At that time, the Court stated that Poland did not gotta comply with its Union law — including a key message that each associate State has an work to supply effective judicial protection to citizens, guaranteed only by independent and impartial courts.
- The CCC referred to the opinion of the CSF. The message of the Polish tribunal states, among another things, that "the assessment expressed there is simply a gross entry into the exclusive competence of the Polish Constitutional Court"
- "The TEU can conviction Poland and impose immense financial penalties on Poland soon. And then each of us will pay for the activity of the Polish TK. Literally, not figuratively, says Mr Rosati
- More crucial information can be found on the Onetu homepage
Advocate General of the EU Court of Justice Dean Spielmann issued on Tuesday Opinion on the Polish Constitutional Court. On the basis of this, the TEU has a judgement that may, although not necessarily, comply with the opinion of the Ombudsman. In most cases, the EU Court duplicates the arguments of the ombudsmen.
This is about the European Commission’s complaint against the decisions of the Polish Constitutional Tribunal — in which only the PiS denominations sit — which straight challenged the precedence of Union law over Polish law. These judgments — from summertime and autumn 2021 — stated that the Polish authorities did not gotta comply with the key provisions of the Treaties, which Poland signed erstwhile entering the Union. This includes that each associate State has an work to supply effective judicial protection to citizens, guaranteed only by independent and impartial courts.
— By means of these judgments, the Polish Constitutional Court frontally hit the fundamental principles of the Union's legal order and the authority of the judgments of the EU Court of Justice, stated the Advocate General of the TEU. He felt that these judgments of the Constitutional Tribunal constituted an unprecedented ‘rebellion’ which infringed the priority, autonomy and effectiveness of EU law.
The Polish TK referred to the assessment of the Advocate General of the TEU. His message states that “the assessment expressed there is simply a gross step in the competence of the Polish Constitutional Court. All decisions issued by the Constitutional Tribunal were taken in accordance with the existing Constitution and another rights of the Republic of Poland.”
“It is clear that in this body, I mean the Polish TK, there is no reflection and there will be no reflection, and the TEU — the most crucial court in the Union — is not an authority for this body,” says Onet, president of the Chief Bar Council of Przemysław Rosati.
“Every 1 of us can pay for the action of the TK”
The president of the NRA points out that the judgement concerning the Polish TK may shortly be passed in the TEU — a judgement that will be binding in each country of the Union and will become binding for everyone.
— If, most likely, the TEU reiterates the Advocate General’s arguments, there will be a curiosity situation. due to the fact that here in Poland there will be a public authority, the TK, whose actions will bring on us all the request to submit to the penalties imposed by the TEU. This will straight affect each of us taxpayers, and each of us can pay for it,” he points out.
Let us remind you that the financial penalties imposed by the EU Court may be gigantic. For the activity created during the times of the Law and Justice, the illegal Disciplinary Chamber of the ultimate Court Poland paid EUR 1 million per day.
— The judgement of the TEU and its possible financial consequences will further prove that we are facing a real crisis of the body that is the TK. It is not possible to pretend that the Polish tribunal is supposedly fine. It's not, and now the TSUE can confirm it. And no swearing of reality will overturn the possibly threatening punishment and make those decisions of the Constitutional Tribunal, which entail this crisis situation, disappear, concludes the president of the NRA.
