In a landmark ruling on Tuesday, June 10th, Poland’s Constitutional Tribunal said the European Union’s Green Deal policies, particularly their implementation through emissions trading directives (ETDs), are incompatible with the Polish Constitution.
The Polish top court stated that certain interpretations of EU law, especially those concerning national energy policy, exceed the competencies conferred upon EU institutions through the European treaties and infringe upon Poland’s constitutional order.
The case had been brought before the Tribunal by Polish MPs who challenged the compatibility of the Treaty on the Functioning of the European Union (TFEU) and Directive 2003/87/EC, dubbed the Green Deal, with the Polish constitution.
PiS MP Sebastian Kaleta, one of the lawmakers behind the original legal challenge, said on X: “The EU, by imposing on Poland the solutions of the Green Deal that ruin our economy, violates the Constitution of the Republic of Poland due to the fact that Poland was deprived of the right of veto by EU bodies in this procedure,” adding:
The EU has not been given the competence under the treaties to decide without Poland’s consent what energy sources we can use and what fiscal burdens may be imposed on individual sources.
