Isabelle Ory, edited by Clément Perruche with AFP 10:11, October 08, 2021
On Thursday, Poland's highest court ruled against the supremacy of European law over national law. A historic decision, which calls into question the very foundation of the European Union and which poses the threat of a "Polexit". Tensions between Warsaw and Brussels are greater than ever.
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On Thursday, Poland's highest court ruled against the absolute supremacy of European community law, a historic decision that could threaten Poland's EU funding, 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.
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An explosive decision
For Polish judges, the national constitution must have the last word.
However, the basis of the European Union is that European law takes precedence over national law.
The judgments of the European justice are binding on all.
The decision taken by Poland is therefore explosive.
The situation is all the more tense as it has been years since Poland and Brussels argue over the independence of Polish justice.
In particular, the EU disagrees with judicial reforms introduced by the conservative nationalist Law and Justice (PiS) party, which Brussels says threaten democracy and the rule of law in the country.
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Rapid reaction from the Commission
The European Commission, through its commissioner Didier Reynders, reacted quickly. "What is happening at the moment is the calling into question of a certain number of principles which are the basis of our union and which therefore justify the actions of the European Commission as guardian of the treaties. We are going to use all means. at our disposal to ensure that respect for the principles is reapplied ", he said. Such a rapid reaction from the Commission is unusual. It is a sign that the hour is serious.
But we must first wait for the reaction of the Polish government.
Brussels has yet to deliver its share of the 23 billion euro anti-covid stimulus to Poland.
Is this likely to force the Polish government to move?
The Poles are faced with an enormous political choice, underlines a diplomat: "the heart of their contradictions is that they want European money and total national sovereignty. We will soon have to choose".