The government wants to say that it defends the constitution, but defends it against the constitution – noted constitutionalist professor Ryszard Piotrowski. On TVN24, he explained what – in his opinion – the Prime Minister’s application to the Constitutional Tribunal was about. This week, the EU justice commissioner asked Morawiecki to withdraw him.
EU Justice Commissioner Didier Reynders wrote a letter to the Minister for European Affairs Konrad Szymański from a request to withdraw the Prime Minister’s application to the Constitutional Tribunal. It is about a request from Prime Minister Mateusz Morawiecki to T.K at the end of March, which concerns the examination of the constitutionality of three provisions of the Treaty on European Union.
The March proposal of the prime minister was commented on by professor Ryszard Piotrowski, constitutionalist from the University of Warsaw, on TVN24. He recalled that the compliance of the provisions mentioned in the application was examined, inter alia, during the process of Poland’s accession to the Community.
– We would not be in the European Union if the Constitutional Tribunal had not recognized that European law, in particular primary law, i.e. treaties, is consistent with the Constitution because of the identity of values - he said.
“The government wants to say it defends the constitution but defends it against the constitution.”
According to Piotrowski, “the government’s motion is another attempt to use the constitution against the constitution, acting in bad faith.” – The fact that the constitution is the highest law means that human rights are the highest law and that the rule of law is the highest law, but the rule of law is understood in the way that the law governs the government, not the government governs the law – he pointed out.
– Now the government wants to say that it defends the constitution, but defends it against the constitution because it defends its own anti-constitutional vision of the constitution – he assessed.
The professor recalled that the Prime Minister’s application “says that the point is that the independence of judges appointed by the president cannot be controlled and that what is happening in Poland cannot be controlled”.
– In addition, the government takes advantage of a certain discrepancy between European Union law, according to which it has precedence over the constitution, and Polish law, according to which the constitution takes precedence over European law, he noted.
He explained that “sincere cooperation is possible” thanks to the same values, and “now the government says: but we have different values”.
Main photo source: PAP / Radek Pietruszka