Hungary. Orban: "We are with Poland, national law prevails over the EU"

• Warsaw court rejects EU treaties, von der Leyen: "We will use all our powers"

• Poland.

  Constitutional Court rejects EU ruling "not in line with the Warsaw constitution"

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October 09, 2021Hungarian Prime Minister Viktor Orban has signed a government resolution that welcomes the ruling by the Polish Constitutional Court that EU laws do not prevail over the country's constitution. In the resolution, the Hungarian government calls on the European institutions to respect the sovereignty of the 27 member states, Orban's spokesman Bertalan Havasi told the Hungarian news agency MTI.

The resolution argues that it was the bad practices of EU institutions that triggered the Polish court's scrutiny of the issue of legal primacy. "The primacy of EU law should apply only in areas where the EU has competence and the legal framework is established in the EU's founding treaties", we read in the Hungarian document.

The resolution also states that the European institutions are obliged to respect the national identities of the Member States and that the constitutional courts and tribunals have the right to examine the extent and limits of Brussels' competences.

The ruling of the Warsaw Court

Hungary therefore takes a position on the ongoing debate after the historic ruling of the Warsaw Constitutional Court according to which Poland's EU accession treaty is partly unconstitutional as it conflicts with some points of the Polish Constitution. The Constitutional Tribunal thus ruled after numerous appeals and requests from the Polish government, which had asked it about the primacy or not of Polish law over Community law in the event of a conflict.       

In recent months, the clash between Warsaw and Brussels broke out over the establishment, in 2017, of a disciplinary section at the Polish Supreme Court which, according to the EU, would damage the independence and autonomy of judges. The tension peaked last July, when the Polish Constitutional Tribunal declared the application of the orders of the EU Court of Justice to the Polish judicial system unconstitutional.

According to the Polish Constitutional Tribunal, "the EU does not have the competence to evaluate Polish justice and its functioning". 

Sassoli: "Worrying decision"

The President of the European Parliament, David Sassoli, spoke on the matter: "The decision of the Polish Court is worrying. The supremacy of the European treaties is indisputable. We will be inflexible on this. I hope that there is still the possibility of avoiding an irreversible crisis. it must be clear that the primacy of European law over national law cannot be called into question ". In an interview with Repubblica, Sassoli said that the European treaties do not provide for expulsion. But there is art. 7 which effectively suspends EU membership. "The Union - he said - has already started the activation procedure with respect to Poland. The Commission is engaged in negotiations with the Polish authorities precisely on the fundamental principles,failure to comply with these risks blocking the approval of Poland's recovery plan. The European Parliament has fought for the adoption of the regulation that conditions the implementation of the budget to respect for the rule of law: I think it is time to evaluate its practical application ".

Von der Leyen: "Our Treaties are very clear"

"Our Treaties are very clear. All judgments of the EU Court of Justice are binding and EU law takes precedence over national law. We will use all the powers we have under the Treaties to ensure it. " Thus the President of the European Commission, Ursula von der Leyen, on the ruling of the Polish Constitutional Court. "I am deeply concerned", said von der Leyen, explaining that he had "instructed the Commission services to make a thorough and quick analysis" of the decision to decide on the next steps. 

Demonstrations in Poland

Meanwhile, at the invitation of the former president of the European Union Donald Tusk, the Poles are organizing to take to the streets on October 10 to defend "European Poland" and to protest against the hypothesis of a "Polexit", which has become more probable. after the decision of the Warsaw Court.

Demonstrations have already been announced in at least 25 locations across the country, including Krakow, Lodz and Poznan.

The slogan will be the same for everyone: "We remain in the EU" (PLinUE).

Recent polls confirm that over 80% of the population is in favor of Poland's membership of the European Union.