“The judgment of the Court of Justice of the European Union cannot be recognized in Poland, because the highest law in Poland, governing the system of the Republic, is the Polish Constitution, which is applied directly, and it is on the basis of the Polish Constitution that statutes are enacted. This is the actual legal state of affairs,” Rafał Leśkiewicz, spokesperson for President Karol Nawrocki, said in an interview with the Niezależna.pl portal.
The CJEU’s Strike Against the Constitutional Tribunal
Today, the Court of Justice of the European Union ruled that the Polish Constitutional Tribunal, by ignoring CJEU judgments, had violated several key principles of European Union law. In its reasoning, the Court further indicated that the Constitutional Tribunal does not meet the standards of an independent and impartial court established by law.
This ruling is the result of a complaint lodged with the CJEU in 2023 by the European Commission. Critics point out that the EU court appears to overlook the fact that some Member States, including Germany, do not recognize the absolute primacy of EU law over national law.
The Constitutional Tribunal also responded to the ruling, emphasizing in a statement that the decision expressed by the CJEU “was issued entirely outside the competences of that body.”
President’s Spokesperson: The CJEU Judgment Cannot Be Recognized in Poland
The Niezależna.pl portal asked Rafał Leśkiewicz, spokesperson for President Karol Nawrocki, to comment on the CJEU ruling.
“The Polish Constitution is the highest law, including in relation to EU law. Moreover, the European Union may not act beyond the competences conferred upon it. The Republic of Poland has never transferred to the EU competences in matters concerning the constitutional structure of the Polish judiciary. The judgment of the Court of Justice of the European Union cannot be recognized in Poland, because the highest law in Poland, regulating the system of the Republic, is the Polish Constitution, which is applied directly, and it is on the basis of the Polish Constitution that statutes are enacted. And this is the actual legal state of affairs,”
he said.
He added that, in his opinion, the CJEU ruling “is an attempt to introduce a jurisdictional dictatorship.”
“This is something that, from the point of view of Polish law, has no legal force whatsoever and cannot in any way be treated as binding. The CJEU has no right to interfere in the constitutional matters of the Republic of Poland. However, it is, of course, a ruling that will likely be used by those in power to undermine the legality of the functioning of the Constitutional Tribunal,”
he assessed.
He also emphasized that “for two years now, those in power have been regularly and systematically violating Polish law, governing by resolutions rather than statutes, illegally taking over Polish public television, and repeatedly demonstrating ignorance when it comes to compliance with binding legal provisions.”