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Poland Questions EU Legal Primacy

The EU Treaty is subordinate to the constitution in the Polish legal system, according to the Constitutional Tribunal of Poland.
  • Gellért Rajcsányi
  • — October 8, 2021
The EU Treaty is subordinate to the constitution in the Polish legal system, according to the Constitutional Tribunal of Poland.
  • Gellért Rajcsányi
  • — October 8, 2021

Poland’s Constitutional Tribunal ruled on Thursday, that parts of EU treaties are incompatible with the Polish constitution. This escalates rule-of-law dispute between Warsaw and the EU, shaking the bloc’s legal foundation, EUobserver reports.

According to judge Bartłomiej Sochański, “the EU Treaty is subordinate to the constitution in the Polish legal system,” and, like any part of the Polish legal system, it must comply with the constitution, Reuters reports.

As Euractiv.com reports: the primacy of EU law is no longer unconditional in Poland, and it will be strictly limited to the competencies delegated to the EU. While the Polish government celebrates the decision, the opposition says this is like “entering a minefield.”

  • Tags: Constitution, EU, law, Poland

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