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The Supreme Court of Poland Has Ruled That EU laws Are Unconstitutional

The Supreme Court of Poland Has Ruled That EU laws Are Unconstitutional

Poland's constitutional court found that several aspects of EU legislation are incompatible with the Polish constitution and that the constitution supersedes EU rules, igniting a legal crisis within the EU.

Article 4(3) of the Treaty on European Union and Article 279 of the Treaty on the Functioning of the European Union are incompatible with Articles 2, 7, 8(1), and 90(1) of the Constitution of the Republic of Poland, according to the judgement, which was adopted by a majority vote.

The court determined that EU rules are ultra vires because they impose responsibilities on the Republic of Poland as a member state by imposing interim measures on the organizational structure and functioning of Polish courts, as well as the form of proceedings before those courts. In April, Poland's Prime Minister Mateusz Morawiecki filed a plea with the constitutional court, requesting that the court examine the "collision between European law principles and the Polish Constitution."

The European Commission underlines the priority of EU law, according to a statement. According to the statement, the Commission will examine the Polish Constitutional Tribunal's decision in detail before deciding on the next steps.


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