The highest Polish court ruled Thursday, October 7 against the absolute supremacy of European community law, a historic decision that could threaten the funding by the European Union of Poland, or even its membership of the EU. The Court declared that certain articles of the EU treaty were "incompatible" with the Polish Constitution and ordered the European institutions not to "act beyond the scope of their competence" by interfering with the Polish judicial system, which constitutes a major bone of contention with Brussels. 

For its part, the European Commission is "concerned" by the decision of the Polish court, reacted the European Commissioner for Justice Didier Reynders, declaring that the EU "will use all the tools" at its disposal to protect the primacy of European law which is "at the heart of the Union".

The Polish decision "calls into question several fundamental principles of the organization of the Union", denounced Didier Reynders during a press conference, citing the principles of the primacy of European law over national law and the binding nature of decisions of the European courts.

Poland and the European Union disagree over judicial reforms introduced by the ruling nationalist conservative Law and Justice (PiS) party, which Brussels says threaten democracy and the rule of law in that country. 

"An attack on the EU"

In Brussels, Jeroen Lenaers, a spokesperson for the European People's Party, said: "Enough is enough. This is an attack on the EU as a whole".

"Shame!", "Traitors!"

and “Welcome to Belarus!” shouted a group of around 30 protesters gathered outside the Polish court after hearing the ruling.

But government spokesman Piotr Muller welcomed the court ruling, stressing that it confirmed "the primacy of constitutional law over other sources of law". 

"European blackmail" 

Last month, EU Economic Commissioner Paolo Gentiloni warned that the Polish court case could have "consequences" for the disbursement of stimulus funds to Poland. The European Union has not yet approved the 23 billion euros in grants and the 34 billion euros in cheap loans planned for this country. The Polish government has called Paolo Gentiloni's words "blackmail". 

Since then, European officials have explained that the money could be disbursed next month, but that strict conditions would be imposed in return for respect for the rule of law.

Last month, the European Commission asked the Court of Justice of the European Union to impose daily fines on Poland until it suspends its judicial reforms.

"Of course we are living through a difficult period in terms of the rule of law", admitted the European Commissioner.

Multiple and old disputes

The dispute with Brussels focused in particular on a new disciplinary system for judges which, according to the EU, seriously threatens the independence of the judiciary in Poland.

But Warsaw has been in conflict for several years with Brussels over judicial reforms initiated by the PiS, accused of undermining the independence of judges.

Reforms which have also earned Poland several convictions from the Court of Justice of the EU.

Poland has so far failed to have its recovery plan validated by the European Commission because of these same rule of law issues.

There are other bones of contention with Brussels, about the anti-LGBT ideology zones decreed by certain communities, or the veto put on Thursday by Poland to an EU strategy on the rights of the child, just like Hungary.

The Polish government considered that this text "would threaten to introduce into the Polish legal system same-sex marriages and adoptions by same-sex couples".

The specter of a "Polexit"?

This new episode in the tensions between Brussels and Warsaw has raised fears that Poland will end up leaving the European Union, which could affect the stability of this community of states. Ryszard Terlecki, the vice-president of the Polish Parliament, recently called for "drastic solutions" in the conflict between his country and the EU: "The British have shown that the dictatorship of the Brussels bureaucracy does not suit them. turned around and left, "he said. "The PiS is pushing Poland on the path of Polexit" (leaving the EU), denounced the EPP (pro-European right) for its part, denouncing "an attack on the whole of the EU".

But the Poles remain overwhelmingly enthusiastic about the European Union: more than 80% of them support membership of the EU, which has granted their country billions of euros in subsidies and all its gains. , thus stimulating its development since its accession in 2004. 

With AFP

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