(07 October 2021) – In a groundbreaking ruling, the Polish Constitutional Tribunal declared the ultimate supremacy of the country’s constitution over EU treaties, in what some say could mark the start of “the countdown to Polexit.”
In its ruling, Warsaw’s top court said several Treaty articles were considered unconstitutional, and multiple CJEU rulings were found to violate Polish law.
The primacy of EU law is no longer unconditional in Poland and strictly limited to the competencies delegated to the EU. At the same time, the Polish Tribunal challenged the principle of loyal and sincere cooperation.
It considered a structure in which the entire EU legal system, decisions, directives and regulations could be subject to constitutional control by the Polish Constitutional Tribunal.
The European Commission’s initial reaction was to state that “EU law has primacy over national law, including constitutional provisions”.
Deputy Speaker of the Sejm, Małgorzata Kidawa-Błońska (PO, EPP), said PiS party leader “Jarosław Kaczyński’s dream about Poland outside the European Union is coming true.” (Euractiv)