“The Polish Constitutional Tribunal has repeatedly stated that if EU bodies, including the CJEU, act beyond their competences, contrary to what is set out in the ratified international agreement, and therefore in the scope in which this law does not bind the Republic of Poland, then the actions of these usurpers are legally ineffective in Poland”, said Paweł Jabłoński, a PiS MP, during a press conference. He also appealed to local officials to… follow the law in this respect.
At the end of November, the Court of Justice of the European Union (TSUE) issued a judgment that may shake the Polish legal order. The EU judges ruled that Member States are obliged to recognise same sex marriages contracted in other EU countries, even if national law, as in the case of Poland, defines marriage exclusively as a union between a woman and a man. The pretext for imposing new norms on Poland was the case of two men who married in Berlin and demanded the transcription of their marriage certificate at a Polish registry office.
What is troubling, however, is that the ruling was immediately addressed by Waldemar Żurek, Minister of Justice in Donald Tusk’s government. Speaking on TVP Info (in liquidation), the head of the Ministry of Justice declared his readiness to implement the EU guidelines, despite conservative public sentiment and widespread opposition to the “imposition” of EU law. According to Żurek, Poland will have to “somehow implement this judgment”, and the current situation “is such a first step”. These words may understandably raise concern, as they directly suggest that recognising foreign certificates is only the beginning of broader legislative changes.
The issue was raised today by opposition politicians, who are sounding the alarm over prioritising EU law over Polish law.
Jabłoński: There may be consequences for breaking the law
Paweł Jabłoński, an MP from Law and Justice (PiS), said plainly at today’s press conference that “Article 9 of the Constitution is very short, one sentence: The Republic of Poland observes international law that binds it.”
What does this mean? It means that we are obliged to comply with EU treaties only to the extent that we have ratified them. No more and no less. […] In the European treaties […] there is not a single word stating that EU bodies have been given the competence by Member States to determine what marriage should look like, he said.
He also referred to the rulings of the Constitutional Tribunal (TK) regarding EU institutions exceeding their powers.
The Polish Constitutional Tribunal has repeatedly stated that if EU bodies, including the CJEU, act beyond their competences, contrary to what is in the ratified international agreement, and thus in the scope in which this law does not bind the Republic of Poland, then the actions of these usurpers are legally ineffective in Poland, Jabłoński stated.
As he emphasised, this has a very important consequence for all Polish politicians, officials and local government representatives. After all, civil status law, including the supposed recognition of same sex unions in Polish offices, is handled at the local government level.
He also addressed local officials with an appeal: “Ladies and gentlemen, follow the law in accordance with the hierarchy of sources.”
If someone comes to you and wants you to break a Polish act, the civil status law, to break the Polish Constitution, then say: ‘No, we cannot do this, we are bound by Polish law, not by dictates from outside’. […] I strongly hope that local officials will follow the law in this matter, unlike some who are already eager to speak up, being the first to say: ‘Yes, welcome, in our office such things will be possible.’ He clarified, adding: “Well, they cannot be, because it is simply illegal. And I also warn those who want to break this law that there may be consequences for breaking the law.”