May 30, 2023

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Why Poland has questioned European law makes the EU tremble

This is a decision that will shake the entire European Union. On Thursday, October 7, the Polish Constitutional Court, the highest court in the country, ruled against the primacy of certain articles of European treaties on the country’s constitution. “European organizations are acting beyond their capacity”, Decided its leader Julia Prylepska. According to the same court, several EU articles were criticized for being too close to the PiS, the conservative party in power. “Incompatible” With Polish texts.

For its part, the European Union on Thursday responded through the President of the European Parliament, David Sassoli: “The priority of European law cannot be called into question because it violates one of the founding principles of our Union.” A legal maneuver also qualified “Very serious” By Quai d’Orsay. Dominic Rousseau, Professor of Constitutional Law, quoted by AFP, “These proposals look like a conspiracy [de la Pologne] Against the rule of law “. He remembered it “Europe is not imposing its values ​​on 27 member states” But it is the European agreements “Based on the general constitutional traditions of the states”.

The law, enacted by the PIS at the beginning of this armed phase, came into force in May 2020, making it possible to allow Polish judges to question national justice reforms. However, this law is considered contrary to the rule of law of the European Union. The latter began an infringement proceedings in April 2020 and then in March 2021 seized the Court of EU (CJEU). “When Poland joined the EU in 2004 it promised to respect the principles of the rule of law, which it did not.”, Florence Saltial-Terrell, Analyst for Francinebo, Professor of General Law, Specialist in the European Union.

“When a government does not respect these policies, a practice can involve this government. This is Article 7 of the Lisbon Treaty. It was already triggered three years ago by Hungary and Poland.”

Florence Saltial-Terrell, Professor of General Law

To Francispo

Section 7 was Introduced in 1997 to protect the values ​​of the European Union in the Amsterdam Agreement, Accurate European Parliament website. It could provide sanctions until the country is stripped of its right to vote within the EU. “A complex process with enormous precautions and ultimately useless”, Sylvie Dorcol, a public law lecturer at the University of Toulon, warns. Although the procedure was started three years ago, The EU has not knocked on the table saying ‘stop’, but has used diplomacy rather than binding measures. “

In fact, the decision of the highest Polish court is not unprecedented in the history of member states. “In France, in Germany, even in Italy, there are many laws of the Constitutional Councils.Company The popularly voted national vote took precedence over EU agreements. “, Explains Florence Saltial-Terrell.

“The Polish court opens the door to disregarding its obligations to the rule of law, and this is more of a political issue than a legal one.”

Florence Saltial-Terrell, Professor of General Law

To Francispo

An analysis was shared by Clement Funn, Secretary of State for European Affairs On BFMTV. “It simply came to our notice then Excellent Policy, which is part of a long list of provocations against the EU. “, He lamented.

Despite the controversy, it was recalled that Poland did not want to leave the EU. 80% of the poles support EU members and oppose the famous “Polexit”. Poland’s place is in the family of European countries, The head of the Polish government Mathews Moravich said on Friday. The reverse seems unlikely because this agreement is not provided for in European agreements.

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“We reach the limit of creating Europe by law. There is a possibility of suspending voting rights and European funds but I do not think we will go that far.”, Continues Florence Saltial-Terrell. The threat is real, however. Last month, EU Economic Commissioner Paolo Gentiloni warned that the controversy could have serious consequences. “Effects” Incentive funding for Poland. The EU has not yet approved the 23 billion euros in subsidies and 34 billion euros in cheap loans planned for the country.