The Poland Constitutional Tribunal is illegitimate and incapable to interpret the constitution
According to European Parliament News (link at the end), in a resolution adopted this Thursday the members of the European Parliament (MEP’s) voted 502 out of 671 votes in favor of the statement that the Polish Constitutional Tribunal (PCT) lacks legal validity and independence, and is unqualified to interpret the country’s constitution.
In Tuesday there were a fierce discussion between Mateusz Morawiecki, the Polish prime minister, and Ursula von der Leyen, the Comission President of the European Union (EU), in which the MEP’s considered the PCT decision of 7 October 2021 “as an attack on the European community of values and laws as a whole”, stating that the Tribunal has been transformed “into a tool for legalising the illegal activities of the authorities”.
In addition, the EU Parliament commended those who have protested in Poland against the Tribunal’s decision, as well as their intent to build a strong democratic Poland at the heart of the European project. MEPs reiterate their support for Polish judges who still apply the primacy of EU law and refer cases to the European Court of Justice despite the risk of lossing their carrers.
MEPs adds that, according to Poland’s constitution, the EU Treaties are applicable in its legal order, and have precedence in the event of a conflict with domestic law. On this way, they accuse the Polish prime minister of “further misusing the judiciary as a tool to achieve his political agenda” and say that Poland remains voluntarily bound by the Treaties and the case law of the EU Court.
In order to restore the rule of law, the Parliament demands that no EU taxpayers’ money be given to governments that “flagrantly, purposefully and systematically” undermine European values. There are other measures calling on the Commission and the Council to act, including by:
- launching infringement procedures and requesting interim measures by the EU Court of Justice;
- triggering the Rule of Law Conditionality Regulation;
- refraining from approving the Polish recovery and resilience plan;
- declaring there is a clear risk of a serious breach of the rule of law by Poland in accordance with Article 7(1) of the Treaty;
- interrupting or suspending payments, given the risk of serious deficiencies in control systems; and
- discussing the crisis at the upcoming summit on 21-22 October, and issuing a joint declaration in the strongest possible terms by the EU heads of state and government.
MEPs stress that these actions are not intended to punish the people of Poland, but to restore the rule of law in the light of its continued deterioration, adding that the “EU must protect the people of Poland, who remain overwhelmingly pro-European”, according to polls conducted in September and October 2021, only 5% of respondents said they would like Poland to leave the EU.
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