Poland: Constitutional Tribunal is illegitimate, unfit to interpret constitution

(Credit: Unsplash)

This article is brought to you in association with the European Parliament.


  • Polish Constitutional Tribunal is “a tool for legalising the illegal activities of the authorities” 
  • No EU money for governments who flagrantly, purposefully and systematically undermine EU values 
  • EU must protect the people of Poland, who remain overwhelmingly pro-European 

Parliament condemns an attempt to undermine the primacy of EU law and calls on the Council and Commission to urgently protect the people of Poland and the Union.

In a resolution adopted on Thursday with 502 votes for, 153 against, and 16 abstentions, MEPs emphasised that the Polish Constitutional Tribunal lacks legal validity and independence, and is unqualified to interpret the country’s constitution. Following Tuesday’s heated plenary debate with the Polish prime minister and Commission President Ursula von der Leyen, MEPs “deeply deplore” the decision of 7 October 2021 “as an attack on the European community of values and laws as a whole”, and say that the Tribunal has been transformed “into a tool for legalising the illegal activities of the authorities”.

Parliament commends the tens of thousands of peaceful protesters in Poland, who have taken to the streets to protest the Tribunal’s decision, and their desire for a strong democratic Poland at the heart of the European project. MEPs reiterate their support for Polish judges who still apply the primacy of EU law and refer cases to the European Court of Justice despite the risk to their careers.

MEPs stress that, according to Poland’s constitution, the EU Treaties, are directly applicable in its legal order, and have precedence in the event of a conflict with domestic law. They accuse the Polish prime minister of “further misusing the judiciary as a tool to achieve his political agenda” and say that Poland remains voluntarily bound by the Treaties and the case law of the EU Court.

Action to restore the rule of law, without harming citizens

Parliament demands no EU taxpayers’ money be given to governments that “flagrantly, purposefully and systematically” undermine European values, calling on the Commission and the Council to act, including by:

  • launching infringement procedures and requesting interim measures by the EU Court of Justice;
  • triggering the Rule of Law Conditionality Regulation;
  • refraining from approving the Polish recovery and resilience plan;
  • declaring there is a clear risk of a serious breach of the rule of law by Poland in accordance with Article 7(1) of the Treaty;
  • interrupting or suspending payments, given the risk of serious deficiencies in control systems; and
  • discussing the crisis at the upcoming summit on 21-22 October, and issuing a joint declaration in the strongest possible terms by the EU heads of state and government.

MEPs stress that these actions are not intended to punish the people of Poland, but to restore the rule of law in the light of its continued deterioration, and call on the Commission to find mechanisms that would allow for funding to reach its direct beneficiaries.

Background

The resolution highlights that, according to a number of polls conducted in Poland in September and October 2021, only 5% of respondents said they would like Poland to leave the EU. As many as 90% positively assessed Poland’s membership of the EU, and 95% thought that EU support had a positive impact on the development of their city or region, higher than the EU average.


Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

WFP Children in Fangak county, Jonglei State eat a cooked meal of sorghum. WFP provides food rations to food insecure families containing sorghum, oil, salt, peas and maize (January 2022).

South Sudan: ‘All the conditions for a human catastrophe are present’

This article is published in association with United Nations. Military tensions in South Sudan are “rapidly expanding” between Government forces and opposition militia as fighting continues in restive Jonglei state. Briefing journalists based at UN Headquarters in New York on Friday, Anita Kiki Gbeho, Officer in Charge of the UN Mission in South Sudan (UNMISS), said […]

© UNICEF/Oleksii Fili Children's toys are covered in snow outside a residential building in Kyiv during prolonged winter power and heating outages.

World News in Brief: Syria ceasefire welcomed, ‘Olympic truce’, Ukraine’s freezing children

This article is published in association with United Nations. The UN Commission of Inquiry on Syria has welcomed a ceasefire agreement between the Syrian Government and the mainly-Kurdish Syrian Democratic Forces (SDF), urging all parties to seize the moment to protect civilians and prevent further violations in the country’s northeast.  “We welcome efforts to bring stability […]

This article was exclusively written for The European Sting by Mr. Frank Shao is a Tanzanian medical student. He is affiliated with the International Federation of Medical Students Associations (IFMSA), cordial partner of The Sting. The opinions expressed in this piece belong strictly to the writer and do not necessarily reflect IFMSA’s view on the topic, nor The European Sting’s one.

Access to Healthcare: is it too much to ask?

This article was exclusively written for The European Sting by Mr. Khalil Al Bilani is a 5th-year medical student at Saint George’s University of Beirut. He is affiliated with the International Federation of Medical Students Associations (IFMSA), cordial partner of The Sting. The opinions expressed in this piece belong strictly to the writer and do not necessarily reflect […]

UN Photo/Manuel Elías Ramiz Alakbarov (on screen), Deputy Special Coordinator for the Middle East Peace Process, briefs the Security Council meeting on the situation in the Middle East.

Potential turning point for Gaza as peace plan enters second phase: UN envoy

This article is published in association with United Nations. The start of a second phase of a stabilisation plan for Gaza offers a potential turning point for the war-ravaged enclave, a senior UN official told the Security Council on Wednesday. Ramiz Alakbarov warned that risks of violence escalating again remain high, while the situation in the […]

This article is published in association with United Nations.

Gaza ceasefire improves aid access, but children still face deadly conditions

The fragile ceasefire in the Gaza Strip is making a difference to the lives of over a million children, and improving overall access to food – but more aid still needs to enter.  That’s the assessment of two senior officials from the UN Children’s Fund (UNICEF) and the World Food Programme (WFP), speaking on Monday to journalists in New York following a […]

A new blow for UNRWA as headquarters in East Jerusalem ‘set on fire’

© UNRWA Destruction at UNRWA headquarters in East Jerusalem after Israeli authorities sent in bulldozers on 20 January. This article is published in association with United Nations. The head of embattled UN relief agency for Palestinians, UNRWA, has condemned reports that its headquarters in East Jerusalem have been set alight deliberately. It comes after Israeli authorities […]

© UNHCR/Yevheniia Kozun This cinema in Saltivka, Kharkiv, was hit during an earlier strike (file Jan 2026).

‘Cycle of attacks must end’: Lead UN official in Ukraine

This article is published in association with United Nations. The senior UN official in Ukraine, Matthias Schmale, has issued a condemnation of the massive overnight Russian drone and missile strike on several major Ukrainian cities, killing and injuring civilians, and knocking out energy infrastructure amid sub-zero temperatures. The attacks on some of Ukraine’s most important population […]

WHO/P. Virot The flag of the UN World Health Organization (WHO) flies at its headquarters in Geneva, Switzerland.

US withdrawal from WHO ‘risks global safety’, agency says in detailed rebuttal

This article is published in association with United Nations. The World Health Organization (WHO) has issued a detailed statement regretting the United States decision to leave the UN agency, and declaring that it will leave both the US and the world less safe as a result. The statement, released on Saturday, also includes a rebuttal of […]

© UNOCHA/Ximena Borrazas Kateryna and her two children warm up at a heating point and use rhe available electricity to charge their devices.

Keeping people warm amid hostilities and harsh winter weather in Ukraine

This article is published in association with United Nations. As people in war-torn Ukraine face the coldest winter in more than a decade, authorities and humanitarians are working to help them stay warm, particularly the most vulnerable residents.  Russian forces continue to attack Ukraine’s energy grid, leaving families without electricity and heating as temperatures plummet to -20° Celsius.  Since 2022, the Government has established so-called “Invincibility Points” – located in tents or public […]

UN News A UN emergency shelter set up amid the ruins of Gaza.

Gaza: War crimes probe pledges to continue work for justice and accountability

This article is published in association with United Nations. As President Trump launched the international Board of Peace plan for Gaza on Thursday, top independent rights experts tasked by the UN Human Rights Council with investigating grave abuses linked to the Hamas-Israel war pledged to continue their work seeking justice and accountability for all. “The Board […]

© WFP/Maxime Le Lijour Children wait for a hot meal at a kitchen in Khan Younis, Gaza, supported by the World Food Programme.

Cold kills another infant in Gaza as West Bank displacement intensifies

This article is published in association with United Nations. Another child in the Gaza Strip has died from hypothermia as winter weather continues to whip the enclave, the UN said on Wednesday, citing information from the health authorities.  The baby girl – just three months old – was found frozen to death on Tuesday morning at her home in […]

Critical medicines: EU measures to boost competitiveness and tackle shortages 

Critical medicines: EU measures to boost competitiveness and tackle shortages 

This article is brought to you in association with the European Parliament. On Tuesday, Parliament adopted proposals to enhance the availability and supply of essential medicines in the EU. The report, adopted with 503 votes in favour, 57 against and 108 abstentions, aims to ensure a high level of public health protection for EU citizens by […]

Europe Was Warned: Why the Next Pandemic Could Be  Worse 

This article was exclusively written for The European Sting by one of our passionate readers, Dr Taimoor Ahmed Shumail , MD | Dr Ahmed Bilal , MD , Vice  President Global Health and Diplomacy Wing – Pakistan International Medical Students  Association. The opinions expressed within reflect only the writer’s views and not necessarily The European Sting’s position […]

UN News Many Palestinian families are living in poorly equipped shelters that are highly vulnerable to flooding, leaving people inevitably exposed to harsh, stormy weather..

Gaza humanitarian crisis ‘far from being over,’ UN aid coordination office warns

This article is published in association with United Nations. Three months into the ceasefire in the Gaza Strip, the UN and partners have delivered tonnes of assistance items and carried out critical repairs, but this is only a temporary “Band-Aid” solution, a veteran aid worker has warned. “The humanitarian situation and crisis in Gaza is far […]

This article is published in association with European Investment Bank.

Will AI kickstart a new age of nuclear power?

This article is published in association with United Nations. The rapidly expanding use of artificial intelligence worldwide is putting electrical grids under huge pressure and many believe that, to meet that need without contributing to the climate crisis, a full-scale expansion of nuclear energy is essential. The global demand for electricity is growing at a vertiginous […]

UN Photo/Loey Felipe Martha Ama Akyaa Pobee, Assistant Secretary-General for Political Affairs briefs the Security Council meeting on the situation in Iran.

Iran: UN urges ‘maximum restraint’ to avert more death, wider escalation

This article is published in association with United Nations. As nationwide protests in Iran appear to ease after nearly three weeks of unrest and bloodshed, a senior UN official called on Thursday for action to prevent further escalation.  Assistant Secretary-General Martha Pobee briefed an emergency meeting of the Security Council in New York called by the […]

UNRWA UNRWA Headquarters in East Jerusalem

East Jerusalem: Forced shutdown of UN clinic signals escalating disregard for international law

This article is published in association with United Nations. The temporary closure of a UN-run health centre in East Jerusalem is the latest phase in “a pattern of deliberate disregard” for international law, the head of the UN agency that assists Palestine refugees, UNRWA, said on Wednesday.  Israeli forces stormed the UNRWA-operated health centre on Monday and ordered it […]

Unsplash

Iran: ‘The killing of peaceful demonstrators must stop,’ UN rights chief says

This article is published in association with United Nations.  As anti-government demonstrations continue across Iran, the UN human rights chief said on Tuesday that he was horrified at the mounting violence directed by security forces against protestors, with reports of hundreds killed and thousands arrested.  Volker Türk urged the authorities to immediately halt all forms of violence and repression against peaceful […]

© UNHCR/Yevheniia Kozun The bombing of residential buildings in Saltivka, Kharkiv, has left many Ukrainians without power.

Ukraine: Deadly Russian strikes push civilians deeper into winter crisis

This article is published in association with United Nations. Ukraine has entered the new year under intensifying and deadly Russian attacks which have crippled energy systems and left millions without heating, electricity or water amid freezing temperatures, senior UN officials told the Security Council on Monday. Under-Secretary-General for Political Affairs Rosemary DiCarlo told ambassadors the start […]

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading