European Court of Justice rejects Polish claim: Primacy of EU law upheld
In the media image: USG on Unsplash
The Court of Justice of the European Union (CJEU) has ruled in two cases where the Polish Constitutional Court claimed its national Constitution overrides EU law. Professors of European Law, Armin Cuyvers and Stefaan Van den Bogaert, commented in the media.
Professor Cuyvers says the case is a 'very principled matter because the highest court in Poland has openly and directly attacked European law.' The former Polish government, led by the PiS party, made political appointments within the Polish Constitutional Court which violate European law and undermine the rule of law. Poland has refused to recognise rulings of the CJEU. The current Tusk government – which is pro-European – acknowledges that Poland has failed to comply with obligations under EU law, but says it must adhere to the binding agreements of the Polish Constitutional Court.
'This is a fundamental issue – it’s totally unacceptable if rulings issued by the Court of Justice are not respected’, says Professor Van den Bogaert. It sets a precedent that undermines the very core of the European legal order and could be followed by other Member States.
Van den Bogaert adds that besides taking legal action, the EU should also work on better communication and transparency. 'For many people, Brussels feels remote and bureaucratic.' European unity is essential, especially in the face of the current political climate dealing with major power players such as Russia and America.