The Polish Constitution is, in principle, superior to EU law, according to today’s judgment of the Constitutional Court. “The European rules, to the extent that EU bodies act beyond the limits of the competences delegated by Poland, are unconstitutional,” the Judge-Rapporteur, Bartłomiej Sochański, said.
The Constitutional Court today continued its process of Prime Minister Mateusz Morawiecki’s request on the principle of the supremacy of EU law over national law enshrined in the Treaty on European Union.
The participants in the proceedings presented their standpoints and answered questions from the judges for several hours. They also filed conclusions on Thursday. Representatives of the Prime Minister, the President, the Ministry of Foreign Affairs, the prosecutor’s office, and the Sejm requested that the challenged provisions be declared unconstitutional.
At 5:15 PM, the President of the Constitutional Tribunal presented a judgment that the Polish Constitution is more important than EU law.
“The Constitutional Court decreed that the Constitution is more important than Community law. Poland has won,” wrote on Twitter Michał Wójcik, a Minister from the President’s Chancellery.
The Prime Minister asked the Constitutional Tribunal to examine the constitutionality of three provisions of the EU Treaty. The allegations boil down, among others, to the question of the constitutionality of the principle of primacy of EU law and the principle of loyal cooperation between the EU and the Member States.