European regulations authorizing national courts to ignore the provisions of the Constitution or to adjudicate based on annulled norms are inconsistent with the Constitution, ruled the Constitutional Tribunal in Poland on Thursday.

 

The Tribunal also found that the provisions of the EU Treaty are unconstitutional in so far as the EU bodies operate outside the limits of powers conferred by Poland in the treaties.

 

The Constitutional Tribunal also ruled that European regulations authorizing national courts to review the legality of the appointment of a judge by the President and the resolutions of the National Council of the Judiciary on the appointment of judges are inconsistent with the Constitution.

 

"The Constitutional Tribunal confirmed that there is a Constitution in Poland and this is an obvious conclusion from this ruling. The Constitutional Tribunal only read the provisions of the Constitution, explaining that no other law could operate here (...)," the editor-in-chief of "GP" and "GPC" Tomasz Sakiewicz commented on the decision.