Poland’s justice minister has condemned the decision by the European Fee to start new legal motion versus Poland as element of a “German plan to liquidate EU member states”.
However, the Europe minister has offered a extra sanguine reaction, suggesting that the choice was earlier predicted and reassuring Poles that it will not influence initiatives to unblock billions of euros in EU cash frozen due to rule-of-legislation problems.
On Wednesday, the commission declared that it was getting Poland to the Courtroom of Justice of the European Union (CJEU) simply because the Polish Constitutional Tribunal (TK) has turned down the primacy of EU legislation around the Polish structure.
It also argued that the TK itself “no more time fulfills the necessities of an unbiased and neutral tribunal earlier proven by law…due to the irregularities in the appointment procedures of 3 judges and in the range of its president”.
The @EU_Commission has introduced even further lawful motion from Poland.
It says that two rulings by Poland’s constitutional court – which discovered sections of EU law to be inconsistent with the Polish structure – “violated and challenged the primacy of EU legislation” https://t.co/DShAPKOBla
— Notes from Poland 🇵🇱 (@notesfrompoland) February 15, 2023
At a press convention later in the working day, justice minister Zbigniew Ziobro, who potential customers a hardline junior associate in Poland’s conservative ruling coalition, explained the commission’s most up-to-date actions as far more “threats and blackmail” against Poland.
“The goal is to recognise laws created in Poland, by Polish democracy, as not obtaining which means,” he declared. “This is the path to utilizing a German prepare to liquidate EU member states in buy to build a person, centralised state with the formal capital in Brussels and the real one particular in Berlin.”
He reported that his celebration, United Poland (Solidarna Polska), “will under no circumstances concur to sell Polish sovereignty for a piece of silver”. He is “convinced that the resistance of Polish culture will increase as awareness boosts of the European Commission’s aims”.
Poland’s ruling coalition has extensive claimed that Germany is seeking to switch the EU into a “Fourth Reich”. This kind of anti-German rhetoric has escalated in latest months ahead of parliamentary elections later on this yr.
Poles have a choice among the “Polish” ruling social gathering and the “German” opposition led by @donaldtusk, says Jarosław Kaczyński.
“Germany’s latest intention is for us to be subordinated to them. We do not want to be underneath anyone’s boot. We have to resist” https://t.co/MnWADW8RxU
— Notes from Poland 🇵🇱 (@notesfrompoland) September 26, 2022
Even so, the minister for EU affairs, Szymon Szynkowski vel Sęk, who hails from the primary ruling Law and Justice (PiS) occasion and has been primary the government’s negotiations with the European Commission, said that the most up-to-date improvement was “no surprise”.
Speaking together with authorities spokesman Piotr Müller, Szynkowski vel Sęk mentioned that the fee started the system of launching these proceedings in December 2021 and has been in dialogue with Warsaw ever due to the fact.
“We plainly indicated that constitutional jurisprudence is the exceptional area of the member states,” stated the minister, adding that “in the previous, equivalent positions had been taken by the constitutional courts of other nations, which include Germany and Spain”.
Müller, talking afterwards to Polskie Radio, warned that “some of the Brussels elite” are hoping to broaden the EU’s competencies. “It is in the desire of Poland and our citizens that constitutional legislation is the optimum law, normally we eliminate our sovereignty.”
W państwach wskazanych na mapie TK lub SN w konkretnych sprawach wskazywały, że UE przekraczając swoje kompetencje może naruszać krajowe konstytucje, a w tych państwach konstytucje są najwyższym prawem.
Ale tylko Polska broniąca swojej konstytucji Berlinowi przeszkadza… pic.twitter.com/ejK5OHXzFF
— Sebastian Kaleta (@sjkaleta) February 15, 2023
Szynkowski vel Sęk also claimed that the EU’s proceedings in relation to Poland’s constitutional court docket have no relation to the independent approach of Warsaw hoping to unblock billions of euros in frozen funds by conference EU calls for to roll again some of its judicial reforms.
As component of people initiatives, previously this month parliament passed legislation to further reform the disciplinary technique for judges. Nevertheless, President Andrzej Duda subsequently referred it for assessment by the constitutional courtroom – the quite entire body whose legitimacy is currently being questioned by the fee.
“The fantastic authorized rip-off of the TK will be assessed by the CJEU,” tweeted Marcin Matczek, a main lawful scholar and normal critic of the government’s judicial procedures.
“Again, there will be the cry of ‘sovereignty’ from PiS,” he extra. “But the situation below is about the very simple theory that agreements will have to be retained. PiS and the pseudo-TK are breaking them, and then they marvel why it brings about yet another disaster.”
Wielkie prawne oszustwo pt. TK Julii Przyłębskiej zostanie osądzone przez TSUE. Znowu będzie wielki krzyk PiS, że „suwerenność” – a tu chodzi o prostą zasadę, że umów się dotrzymuje. PIS i pseudoTK ją łamią, a potem się dziwią, dlaczego to przynosi kolejną katastrofę.
— Marcin Matczak (@wsamraz) February 15, 2023
Daniel Tilles is editor-in-chief of Notes from Poland. He has created on Polish affairs for a extensive variety of publications, including International Policy, POLITICO Europe, EUobserver and Dziennik Gazeta Prawna.