At the request of the government, Prime Minister Mateusz Morawiecki will submit a request to the Constitutional Tribunal for a comprehensive settlement of the issue of the conflict between the norms of European law and the constitution, said government spokesman Piotr Mueller. He added that on Wednesday at the meeting of the Council of Ministers there was a discussion on the CJEU’s ruling on the new National Council of the Judiciary. Earlier that day, the expectation of such actions by the government was expressed by the leadership of the Law and Justice party.
The government spokesman, Piotr Mueller, announced on Wednesday afternoon in a press release that on that day at the government meeting there was a discussion concerning “the excess of competences by the Court of Justice of the European Union in declaring the superiority of European law over the Constitution of the Republic of Poland.”
Court of Justice of the European Union ruled on Tuesday that subsequent amendments to the Polish Act on the National Council of the Judiciary may violate EU law. These are the changes which, according to the CJEU, “led to the abolition of effective judicial control of the Council’s decisions on presenting to the President of the Republic of Poland applications for the appointment of candidates for the office of judge of the Supreme Court”.
Mueller: the prime minister will submit a request to the Constitutional Tribunal
– According to the settled, long-term jurisprudence of the Polish Constitutional Tribunal, there is no doubt as to the primacy of Polish constitutional norms over other legal norms. This is confirmed by numerous decisions of the Constitutional Tribunal, in various adjudication boards, since the beginning of Polish membership in the European Union – said government spokesman Piotr Mueller after Wednesday’s cabinet meeting.
He argued that “legal disputes regarding the sovereignty of member states in the area of competences not transferred to the European Union occurred in many countries of the European Union”. – However, they were unequivocally settled and indicated the supremacy of constitutional norms over European law. Such unequivocal decisions were made, inter alia, by competent courts or tribunals in countries such as Germany, France, Italy, Denmark, the Czech Republic and so on – he continued.
As the spokesman said, “at the request of the Council of Ministers, with the aim of maintaining the coherence of the Polish legal system, the Prime Minister will submit a request to the Constitutional Tribunal for a comprehensive settlement of the issue of the conflict of European law norms with the Polish Constitution and confirmation of the previous jurisprudence in this respect”.
Czerwińska: PiS asks the government to request a response from the Constitutional Tribunal to the CJEU ruling
Earlier on Wednesday, a meeting of the leadership of Law and Justice was held at the headquarters of this party at Nowogrodzka Street in Warsaw. It lasted less than three hours and ended around 3 p.m.
Shortly thereafter, PiS spokeswoman Anita Czerwińska informed on Twitter that “Law and Justice is asking the government to adopt a resolution on referring an application to the Constitutional Tribunal to take a stance on the CJEU ruling, fragments of which question the superiority of the constitution over all sources of law in the Republic of Poland, in including the treaties on the European Union and the functioning of the European Union concluded by Poland, as well as the secondary law of the European Union “.
The topics of “both the pandemic situation, government actions and the situation in the coalition”
Deputy Speaker of the Sejm and PiS club leader Ryszard Terlecki, entering Wednesday’s meeting, told journalists that his topic would be “both the pandemic situation, the government’s actions and the situation in the coalition.”
Read more: how much divides the coalition partners
When asked if the PiS leadership would also deal with the topic of the New Polish Deal during the meeting, Terlecki replied that “there is a situation that at the moment we are all interested primarily in the increase in the number of cases (COVID-19) and this is the most important topic, so maybe it should be postpone the announcement of this plan a little. “
Meetings of the PiS president with the leaders of Solidarna Polska and the Understanding
On Tuesday afternoon, PiS president Jarosław Kaczyński met with the head of the Covenant Jarosław Gowin. As one of the politicians of the United Right reported, who knew the backstage of the meeting, the meeting took place in a good atmosphere. As he added, during the meeting, Jarosław Gowin expressed his expectation that the coalition agreement would be respected.
The day before, on Monday – as reported in “Rozmowa Piaseckiego” on TVN24 Deputy Minister of Justice Michał Woś from Solidarna Polska – Kaczyński had a “very constructive conversation” with Zbigniew Ziobra, the head of Solidarity Poland. According to Woś, “the presidents talked about fundamental matters”. – We had the opportunity to recall our joint program – added the deputy head of the Ministry of Justice.
Main photo source: Shutterstock