Berlin, Brussels Chaos, lawless spaces and anarchy threaten Poland if the country submits to the rules of the EU – at least that’s what Poland’s Prime Minister Mateusz Morawiecki says. The head of government invited himself to the European Parliament on Tuesday. He wanted to defend the latest ruling by the Polish Constitutional Court, according to which Poland does not have to comply with all parts of the EU treaties.
Morawiecki said again and again on Tuesday that the Polish constitution was the highest right of the Polish republic, so that the EU and its rules had to submit to it.
The ruling has alarmed other heads of government and the EU Commission. They fear that if the EU legal system is not revised, there will be chaos. It calls into question the basis of the EU, said Commission President Ursula von der Leyen. Because it directly challenges the uniformity of the European legal order.
The Polish government had called the Constitutional Court to clarify whether the Polish Constitution is above EU law and the judgments of the European Court of Justice (ECJ). The judge, who is close to the ruling party PiS, delivered what was apparently desired.
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The message from the Polish head of government is now: No matter what the EU thinks of the reforms in Poland – they will not be withdrawn. The main aim is to safeguard the judicial reform, which gives the Polish government extensive rights of intervention in the courts. The ECJ does not consider this to be compatible with the EU treaties.
There is therefore talk of an end to the separation of powers in Poland, of undermining democracy and the rule of law. In this state, no country could be accepted into the EU. However, taking away a country’s rights as an EU member is much more difficult than rejecting a membership application.
Majority of Poles in favor of remaining in the EU
Morawiecki doesn’t even want to leave the EU. He sees his actions as a contribution to a “strong, ambitious Europe”, as he said in Strasbourg. According to surveys, a large majority of Poles are in favor of remaining in the EU and accept the primacy of EU law.
The Prime Minister is driven by his right-wing populist Justice Minister Zbigniew Ziobro, the father of judicial reform. He announced on Monday that Poland would have the appointment of judges in Germany reviewed by the ECJ. Morawiecki is also dependent on his party leader Jaroslaw Kaczynski, who targets voters from the far-right.
In the interests of these two political friends, Morawieckis argued on Tuesday that courts in other countries also do not clearly accept the primacy of EU law.
Von der Leyen sends harsh threats
Von der Leyen does not want to accept this argument. She wants to block the billions in Corona aid until the country has withdrawn certain judicial reforms. The independence of the judiciary must be restored, said von der Leyen in the debate with Morawiecki. “This includes the dismantling of the disciplinary chamber, the dismantling of the disciplinary regime, the reinstatement of the unlawfully dismissed judges. That is the basic requirement. “Morawiecki announced this, said von der Leyen, and demanded:” Do it. “
After a good four hours, von der Leyen was determined: “We will defend the rule of law and the treaties of the European Union, by all means.” However, the EU Commission will adhere to clear procedural steps. “Yes, democracy and the rule of law are slower than autocracies because they listen to everyone before a judgment is passed or a solution is found. But that is exactly what distinguishes us from the autocrats and dictators of this world. “
Morawiecki appeals to the judgment of the Federal Constitutional Court
In fact, the discussion among lawyers is complicated. It is true that EU law has “priority” over national law, and the constitutional law of the member states does not per se take precedence over European law.
“But it is also not the case that Union law always takes precedence over national constitutional law, as Ursula von der Leyen claims,” says European lawyer Dirk Uwer. “The EU only has the final say insofar as the member states have given it competences. The legal discussion here is rightly very differentiated. “
Morawiecki cited a number of judgments in the European Parliament, according to which national law must continue to be observed. Including the judgment of the Federal Constitutional Court (BVerfG) from May 2020.
The court had ruled over a decision by the European Court of Justice (ECJ), which had decided on the ECB’s bond purchase program. According to Morawiecki, this is an example of how national constitutional courts are allowed to control EU policy and only Poland is treated unfairly.
According to the former German Justice Minister Katarina Barley, the opposite can be proven precisely in this judgment: First, the BVerfG decided against the German federal government. The judgment is proof of the functioning separation of powers, while in Poland the court delivers judgments as ordered by the government, said today’s SPD MEP.
And secondly, Germany is not just getting away with this judgment, but must now face infringement proceedings. Of course, this is now also necessary for Poland. There are also five other parallel processes in which Poland and the EU are on a collision course.
The processes at a glance
- Since the end of 2017, Article 7 proceedings have been running against Poland due to the reform of the judiciary, which in theory could lead to the removal of voting rights in the EU Council. This is the body of the heads of state and government of the EU. However, the EU states refuse to continue the procedure in the Council. The leader of the Conservatives in the European Parliament, Manfred Weber (CSU), threatened on Tuesday with an inaction lawsuit against the council.
- The ECJ has already ruled that the “disciplinary body” introduced in the judicial reform violates European law. The Commission recently requested fines in this matter, but these have not yet been confirmed by the ECJ.
- Fines have already been confirmed in the dispute over the Turow open-cast coal mine. Poland has to pay half a million euros a day, but has not yet done so. The Commission could decide to offset the payments against EU funds for Poland.
- In addition, the parliamentarians urge the EU Commission to initiate legal proceedings against Poland. This procedure has been around since January of this year, but has never been used. In this way, the EU can freeze funds relatively quickly. At the weekend, Chancellor Angela Merkel warned against initiating such proceedings too quickly and instead encouraged further talks. They should now be carried out at the EU summit on Thursday and Friday.
- The first thing that should escalate is the dispute over the Corona reconstruction fund. The EU countries have jointly borrowed money on the financial markets for this fund. Poland should benefit from this in a special way. The proposed 36 billion euros would increase GDP by 1.2 percent for six years, not including further growth effects. The EU Commission does not have to pay out the money if it has to expect that the use in Poland is not reliably controlled. And now she has every reason to do so.
Witold Orlowski from the Vistula Academy for Finance and Economics warns his government of the confrontation: “We urgently need this money to rebuild the level of investment, which has not been as low as it has been for 30 years.” If this does not happen, “will.” we will have a disastrous consumer-oriented economic structure in two or three years ”. In the longer term, Poland would be “bottom of the EU” in terms of prosperity.
More: Poland has embarked on the route of leaving the EU