The position was expressed by a spokesman for the European Union judge in an opinion issued on Tuesday. He found a justified European Commission complaint against Poland.
Dean Spielman proposed the CJEU to discover that Poland failed to comply with its obligations under European Union law. In his opinion, the Constitutional Court’s dispute judgment deviates significantly from the CJEU case law in terms of ensuring effective legal protection.
See: The President of the Constitutional Court did not appear in question. There is a penalty request
“Through these decisions, the Polish constitutional court has faced the authority of the fundamental principles of the Union’s legal order and the court’s judgment (EU justice). Violations of these principles cannot be justified by provisions of national law, including constitutional nature.
The opinion is an introduction to the CJEU’s decision. The judge can agree to her – and this usually happens – but they can also give a completely different sentence.
Additionally, on Tuesday, a CJEU spokesman evaluated, “Because many irregularities were borne in the appointment of the Polish Constitutional Court and three judges of its president in December 2015, the Constitutional Court could not be considered an independent, impartial court established under the conduct within the meaning of union law.”
Recommended by a CJEU spokesman. That is about the decision of the Polish Constitutional Court.
On July 14, 2021, the Constitutional Court held that the provisions of the European Union Treaty were in conflict with the Polish Constitution. Such a decision was a response to the CJEU’s decision on April 8, 2020. This was about tightening the disciplinary system for Polish judges.
See: Poland does not implement any relevant regulations. European Commission’s grievances regarding the CJEU
The Constitutional Court’s decision on October 7, 2021 was related to the issue of the superiority of the Polish constitution over EU law. At the time, Polish authorities said “an attempt to interfere with the European Union courts in the Polish judicial system violated the rule of law, the principles of supremacy of the constitution, and the principles of maintaining sovereignty in the course of European integration.”
Both decisions undermined the principle of prioritization of European Union law over applicable national law, according to EU authorities. Other EU institutions, including the European Commission, have mentioned the regulations. “The European Commission’s goal is to provide Polish citizens with protection of their rights and enable them to belong to the EU in the same principles that apply to all other EU citizens. The priority of EU law is ensured by the equal application of EU law across the union” – she justified.
The EC said these judgments also violate the arts. 19 Para. 1 of the Convention on the European Union that guarantees the right to effective judicial protection.
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