The Polish Constitutional Court on Thursday declared several provisions of the EU Treaty to be incompatible with the Polish Constitution. It was about the question of whether Polish judges have the right not to apply laws that, according to a ruling by the European Court of Justice, are in conflict with EU law. The ruling marks a new high point in the dispute between the national conservative government in Warsaw and the EU over the question of whether the changes in the Polish judiciary in recent years meet the rule of law criteria. The proceedings were initiated in March by Poland's Prime Minister Mateusz Morawiecki. The EU Commission asked him in June to withdraw the application to the Constitutional Court in Warsaw because it sees an attack on a foundation of the EU in his aim:the primacy of European law over national law.

Reinhard Veser

Editor in politics.

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Thomas Gutschker

Political correspondent for the European Union, NATO and the Benelux countries based in Brussels.

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In the European Union, the decision of the Constitutional Court met with sharp criticism. "I am more than concerned about this," said EU Justice Commissioner Didier Reynders after a meeting of justice ministers in Luxembourg. "We will use all available tools to ensure that the basic principles of the European Union are respected." He named three of them. First, judgments of the European Court of Justice are binding on all national courts. Second, EU law takes precedence over national law. Thirdly, only the ECJ can judge whether an EU institution is in conflict with European law. Reynders did not want to answer directly whether the judgment would have financial consequences. However, he referred to the "ongoing discussions" about the funds from the Corona reconstruction fund,which the Commission has not yet wanted to release for Poland. In addition, one will now initiate procedures to protect the EU budget, which could lead to Warsaw also blocking funds from the regular budget.

"This is an attack on the EU as a whole"

The political parties in the European Parliament brought the decision of the Constitutional Court in connection with the threat of Poland leaving the European Union.

Several MPs called for financial consequences.

"This is an attack on the EU as a whole," said EPP MEP Jeroen Lennaerts.

It is difficult to believe the government's assurances that it wants to stay in the EU.

"Your actions point in the opposite direction." The SPD MP and former Federal Justice Minister Katarina Barley said the verdict was "historic".

As a result, Poland “has both feet outside of the European legal order.

It is unjustifiable to pay European money to the Polish government in such a situation. "

The FDP MEP Moritz Körner made a similar statement: “Poland is sleepwalking towards leaving the EU. The Polexit is no longer just a pipe dream of right-wing populists in Poland, but unfortunately a real danger. Those who only want to comply with EU law at their own discretion cannot remain a member of the EU. ”Körner demanded that all EU funds earmarked for Poland must be“ frozen with immediate effect ”.

Green MEP Daniel Freund said, "With this judgment, Poland is saying goodbye to the European legal order".

He also called for financial consequences: “Without a European legal system, there must be no payment of EU subsidies.

European money can only be spent according to European rules! "The approval of the reconstruction plan for Poland by the EU Commission is now" an absolute taboo ":" We cannot transfer billions to a member country without being able to legally ensure that the money also reaches those for whom it is intended. "