The EU’s rivalry with Poland poses a “threat to the entire architecture” of the Brussels bloc, according to a Polexit warning.
Experts warn Poland’s legal struggle with the EU could jeopardize the EU’s Court of Justice, and that it poses a “serious threat” to Brussels.
Poland’s Constitutional Tribunal violated an EU Court of Justice (CoJ) verdict against its own judicial reforms on Wednesday. It comes as the EU has taken legal action against Poland and Hungary for allegedly violating fundamental human rights in the area of LGBTQ rights.
The country’s highest court declared the bloc’s decision to be “incompatible” with the country’s constitution.
Zbigniew Ziobro, Poland’s Law and Justice Party (PiS) Justice Minister, said that the CoJ’s decision was “against intervention, usurpation, and legal aggression by European Union organs.”
The PiS government has pushed through sweeping reforms that it claims are necessary to combat corruption.
The legal dispute between Poland and the EU began in February 2020, when Poland introduced legislation prohibiting judges from referring cases to the Court of Justice.
Poland’s decision came just hours after the CoJ issued an interim remedy directing the country to put the newly constituted “disciplinary chamber” on hold immediately.
Mr Ziobro praised the verdict, writing on Twitter, “The constitution and normalcy triumphed despite attempts by EU organizations to interfere politically in the Polish legal order.”
The European Commission has expressed its worry over the current judgement, claiming that EU legislation supersedes Polish law.
Concerns have been raised that Poland could be the next country to quit the EU as a result of the move.
“Polish captured ‘Constitutional Tribunal’ (improperly constituted, with a quasi-judge) has just announced, that some articles of European Treaties (including loyal cooperation) are not compatible with PL Constitution,” said Wojciech Sadurski, a constitutional law specialist at the University of Sydney.
“A significant step forward in the legalization of Polexit. “Drama. Tragedy.”
The Financial Times quoted Brussels Justice Commissioner Didier Reynders as saying, “There is a significant threat to the overall architecture of the EU.”
“If the constitutional tribunal follows the government’s arguments, we will be on our path to a Polexit,” the liberal-conservative Polish newspaper Rzeczpospolita said.
Former EU Council President Donald Tusk said he interpreted the constitutional court’s decision as a first step toward leaving the EU.
“It is not Poland, but (ruling party leader Jaroslaw) Kaczynski, who is quitting the EU with his party,” the former Polish Prime Minister remarked.
“Only Poles are capable of adequately opposing that.”
Reynders, the EU Justice Commissioner, conceded that he had misjudged the circumstances. “Brinkwire News in Condensed Form.”