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.

the sting Milestones

Featured Stings

Stopping antimicrobial resistance would cost just USD 2 per person a year

Can we feed everyone without unleashing disaster? Read on

These campaigners want to give a quarter of the UK back to nature

How to build a more resilient and inclusive global system

Lebanon: UN rights office calls for de-escalation of protest violence

Here’s how companies can make sure they are blockchain-ready

Why the financial scandals multiply?

JADE Generations Club: Connecting perspectives, changing Europe.

At global health forum, UN officials call for strong, people-focused health systems

To entrepreneurship and beyond!

My ‘’cultural’’ contacts with China

‘We are nowhere closer’ to Israeli-Palestinian peace deal, than a year ago, Security Council hears

‘Rare but devastating’ tsunamis underscore need for better preparation, UN chief urges on World Day

‘Regional security and integration’ in Central Africa under threat, Security Council warned

‘Spectre of poverty’ hangs over tribes and indigenous groups: UN labour agency

Recovery and Resilience Facility: Romania submits official recovery and resilience plan

Artificial intelligence: Commission takes forward its work on ethics guidelines

Industrial policy: recommendations to support Europe’s leadership in six strategic business areas

The ocean is teeming with microplastic – a million times more than we thought, suggests new research

Can Obama attract Iran close to the US sphere of influence?

Bring killers of journalists to justice: UN agency seeks media partners for new campaign

Regulate social media platforms to defend democracy, MEPs say

Canada has the most comprehensive and elaborate migration system, but some challenges remain

G20 LIVE: World Leaders in Turkey for G20 Summit. Global Economy will be discussed in Antalya

These countries are the most optimistic about economic recovery from the pandemic

Last-chance Commission: Why Juncker promised investments of €300 billion?

COP25: Developing nation’s strike hard

Ireland’s planning to make its Emerald Isle even greener

Peer-to-peer learning: a way to develop medical students’ trainings

ISIL continues to pose a ‘serious challenge’ worldwide – UN counter-terror chief

Biodiversity: MEPs demand binding targets to protect wildlife and people

Leaders need hard data to make the hard decisions about sustainability

Nicaragua ‘crisis’ still cause for concern amid murder, torture allegations: Bachelet

Trump: Hostile to Europe, voids Tillerson’s “ironclad” ally pledge

Businesses, governments and consumers to implement a more climate-friendly approach to #BeatPlasticPollution on World Environment Day 2018

Right2Water initiative: Is the Commission ready to listen to citizens?

Trump’s withdrawal from the Paris climate deal is bad for US business. Here’s why.

3 natural mysteries that could be explained by quantum physics

The winds of change: 5 charts on the future of offshore power

Millions of Bangladeshi children at risk from climate crisis, warns UNICEF

COVID-19 and the importance of scientific credibility in decreasing the number of cases

Antitrust: Commission opens investigation into possible anti-competitive conduct of Amazon

Plastic is a global problem. It’s also a global opportunity

NASA is recruiting new astronauts – this is what it takes to apply

Why it’s time to celebrate migrants

Fighting forest fires in Europe – how it works

The Pegasus Project awarded the 2021 Daphne Caruana Galizia Prize for Journalism

Detecting online child sexual abuse requires strong safeguards

Sexual reproductive health rights SRHR and ending HIV: can one be achieved without the other?

Greenhouse gas emissions have already peaked in 30 major cities

Transparency, EU values, and pluralism: new rules for European political parties

Central Asia bloc has important role in ‘peace, stability and prosperity’ beyond region, says Deputy UN chief

Greater transparency, fairer prices for medicines ‘a global human rights issue’, says UN health agency

It’s time to end our ‘separate but unequal’ approach to mental health

How smart tech helps cities fight terrorism and crime

EU and Mercosur reach agreement on trade

UN committed to helping Haiti build better future, says Guterres, marking 10-year anniversary of devastating earthquake

Antitrust: Commission sends Statement of Objections to O2 CZ, CETIN and T-Mobile CZ for their network sharing agreement

5 things to know about the exploding world of pro gaming

World Food Programme accesses Yemeni frontline district for first time since conflict began

UN chief calls for ‘immediate end’ to escalation of fighting in southwestern Syria, as thousands are displaced

The world’s food waste problem is bigger than we thought – here’s what we can do about it

A Sting Exclusive: “Seize the opportunity offered by Africa’s continental free trade area”, written by the Director General of UNIDO

More Stings?

Speak your Mind Here

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: