EU court says Polish constitutional tribunal's rulings are a 'revolt'
Dean Spielmann, advocate general of the Court of Justice of the European Union (CJEU), has said that the Polish Constitutional Tribunal's (TK) rulings affirming the primacy of Polish law over EU legislation are "an unprecedented revolt."
"The position adopted by that court (TK) in its judgments of 14 July and 7 October 2021 constitutes an unprecedented revolt and seriously undermines the primacy, autonomy and effectiveness of EU law," Spielmann wrote in an opinion published on the CJEU website on Tuesday.
The advocate general's opinions are suggestions for the CJEU, whose ruling may differ from the opinions but are usually in line with them.
Spielmann suggested that Poland "has failed to fulfil its obligations under EU law.
"There is no doubt that by these judgments, the Polish Constitutional Court launched a frontal attack on the fundamental principles of the EU legal order and the authority of the judgments of the Court," he wrote. "Their infringement cannot in any case be justified by provisions of national law, including those of a constitutional nature. Similarly, invoking the constitutional identity of the Member State cannot call into question the fundamental principles of EU law."
The TK ruled in 2021 that several articles of the EU Treaties do not comply with the Polish constitution, calling into question the primacy of European Union law over national legislation.
Spielmann also said that "the Polish Constitutional Court cannot be regarded as an independent and impartial tribunal established by law within the meaning of EU law," due to irregularities in the appointment of its judges.
TK's independence has often been called into question, both in the EU and domestically, with critics claiming that it was politicised by the former ruling party, the socially-conservative Law and Justice. (PAP)
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