On Thursday, October 7, 2021, on the feast of Our Lady of the Most Holy Rosary, the Polish constitutional court ruled that part of the European treaties were incompatible with the country's Constitution.
While in France, Mr. Darmanin, Minister of the Interior, summoned the Bishop of Moulins-Beaufort, who presented the secrecy of confession as superior to the laws of the Republic, in Poland, the highest court of the country affirmed the primacy of Polish law over European law.
According to the Polish Constitutional Court, certain articles of European treaties are incompatible with its national constitution and conflict with national sovereignty.
After four consecutive postponements, the tribunal finally decided: “European bodies are acting beyond their competence,” said the president of the tribunal, Julia Przylebska. She also denounced “the interference of the EU Court of Justice in the Polish legal system.”
Government spokesman Piotr Müller “tweeted” after the ruling: “Today's constitutional court verdict essentially accepts the request of Cabinet Chairman Mateusz Morawiecki.”
“The supremacy of constitutional law over other sources of law literally results from the Constitution of the Republic of Poland. Today (once again) the Constitutional Court has clearly confirmed this.”
He later added: “It should be made clear that Poland (on the basis of the principles set out in the Constitution of the Republic of Poland) respects the binding standards of EU law to the extent that they have been established in the areas explicitly and clearly delegated in the EU treaties.”
He finally concluded: “A clear and transparent distribution of these competences is the basis of the sovereignty of the Member States and of the proper functioning of the EU.”
The move is part of a clash between Poland and the EU over judicial reforms initiated by the ruling nationalist conservative Law and Justice (PiS) party.
The European Union (EU) reacted to the decision, saying it was ready to use “all tools” to preserve European law, according to Commissioner Didier Reynders.
The official added that this judgment “calls into question” the principles of European law and the binding nature of European judicial decisions, which “are at the heart of the Union.” His intervention followed a meeting of the justice ministers of the member states.
The other tense issue concerns the disbursement of funds to Poland. The EU has still not approved 23 billion euros in grants and 34 billion euros in loans, putting them on hold until the court case is settled. The Polish government has called this attitude “blackmail.”
This conflict may give the impression that Poland wants to leave the EU. But Jaroslaw Kaczynski, head of PiS, said a month ago that Poland only wanted to end EU “interference.” “There will be no Polexit. …We clearly see the future of Poland in the EU,” he said.
However, the Deputy Speaker of Parliament, Ryszard Terlecki, recently called for “drastic solutions.” “The British have shown that the dictatorship of the Brussels bureaucracy does not suit them. They turned around and left,” he said.