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Poland v the primacy of EU law

by IdiotSavant Wed Jul 14th, 2021 at 11:04:57 PM EST

Poland's constitutional court has decided to ignore the primacy of EU law:

Poland's top court has ruled that measures imposed by the European court of justice against the country's controversial judicial reforms are unconstitutional, in a decision that could have far-reaching implications for the bloc's legal order.

Judge Stanislaw Piotrowicz said on Wednesday that Poland's constitutional court had reached a majority verdict that EU measures regarding the "system, principles and procedures" of Polish courts were "not in line" with the Polish constitution.

The ruling came hours after the ECJ again demanded immediate suspension of a newly established body to oversee Polish supreme court judges, with powers to lift their immunity from prosecution or cut their salaries.

The confrontation is expected to ratchet up further on Thursday, when the EU court is due to issue another ruling on the disciplinary chamber's legitimacy and Poland's constitutional court - widely viewed as unlawful following a series of appointments of PiS loyalists - could announce its decision in a wider, even more consequential case on whether Polish law has primacy over EU law in general.


It is fundamental to the European Union that EU law prevails over that of member states. Some states explicitly recognise this in their constitutions. Others rely on their jurisprudence regarding treaties to apply the Treaty of Lisbon's declaration that EU law takes precedence. Poland's action directly contradicts this and puts it in violation of its obligations as an EU member. Doing this in a case over fundamental EU principles - judicial independence and the rule of law - makes it even worse. The question is, what is the EU going to do about it?

(As for Poland, if this is the final judgement of its court, then it needs to either amend its constitution to ensure conformity with EU law, or leave the EU. Because it is clear it cannot remain an EU member in these legal circumstances).

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Possibly related diaries from last year (another EU country - same problem):

Karlsruhe and German exceptionalism - by Frank Schnittger - Wed May 20th, 2020

The Primacy of EU law - by Frank Schnittger - Mon May 25th, 2020

Countering Karlsruhe - by Frank Schnittger - Thu May 28th, 2020

by Bernard on Thu Jul 15th, 2021 at 07:57:49 PM EST

The Collapse of Judicial Independence in Poland: A Cautionary Tale

by Oui on Sun Aug 8th, 2021 at 05:00:43 PM EST
by Oui on Sun Aug 8th, 2021 at 05:02:05 PM EST
Tens of thousands? That's not a lot.
Here in France, we've had from 100,000 to 250,000 people marching in the main cities every Saturday since the announcement of the "pass sanitaire" (proof of vaccination or recent COVID test). A very noisy crowd. Occasionally violent and shouting antisemitic slogans.

Then again, since mid July, twice as many people - an average of more than 400,000 people, have been first jabbed, every single day. Every. Single. Day.
And it keeps going, despite a mid-August dip (peak of summer vacations in France).

The 40 millions people mark was cleared in the last days of July and it is very likely that there will be 50 millions people first vaccinated by the end of August (out of a total population of 67 millions).

by Bernard on Sun Aug 8th, 2021 at 08:29:23 PM EST
[ Parent ]
Interviews on Dutch TV illustrated the French were fed up with Macron in general and many were part of the earlier yellow jackets protests.

237.000 Personnes contre le passe sanitaire partout en France, plus que la semaine dernière | Le Figaro |

by Oui on Sun Aug 8th, 2021 at 09:31:50 PM EST
[ Parent ]
Democracy Digest: Anti-Vaxxers Needled

In Poland, a video emerged of a confrontation last Sunday between employees of a COVID-19 vaccination site in Grodzisk Mazowiecki and a group of people wearing high-viz vests with the logo "Polish Yellow Vests" and shouting anti-vaccine slogans who were trying to push their way into the site.

...
Poland has a rich history of anti-vaccination movements. Two of the most prominent anti-vaxxers in Poland currently are Justyna Socha and Piotr Jawornik, both associated with the organisation STOP NOP - National Association for Vaccination Knowledge.

Polish anti-vaxxers are well connected to international networks of like-minded people. Robert F. Kennedy Jr, son of the former US attorney general and assassinated presidential candidate Robert F. Kennedy.

'Jews are behind the pandemic' chanted at anti-vaccine protest in Poland | JPost |

by Oui on Sun Aug 8th, 2021 at 09:45:25 PM EST
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