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EU court calls Polish tribunal's rulings a "revolt"

0 Comment(s)Print E-mail Xinhua, March 12, 2025
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WARSAW, March 11 (Xinhua) -- The Polish Constitutional Tribunal's (TK) rulings affirming the primacy of Polish law over EU legislation constitute "an unprecedented revolt," the Court of Justice of the European Union (CJEU) has said.

In an opinion published on Tuesday, Advocate General of the CJEU Dean Spielmann wrote that the TK's judgments of July 14 and Oct. 7, 2021, seriously undermine the primacy, autonomy, and effectiveness of EU law. He argued that Poland had failed to fulfill its obligations under EU law, stating that the rulings represented "a frontal attack on the fundamental principles of the EU legal order and the authority of the judgments of the Court."

"Their infringement cannot in any case be justified by provisions of national law, including those of a constitutional nature. Similarly, invoking the constitutional identity of the Member State cannot call into question the fundamental principles of EU law," he added.

The TK ruled in 2021 that several articles of the EU Treaties do not comply with the Polish constitution, challenging the primacy of EU law over national legislation.

Spielmann asserted, however, that the TK cannot be regarded as an independent and impartial tribunal established by law "within the meaning of EU law" due to irregularities in the appointment of its judges. Enditem

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