EC sets Poland deadline over EU law primacy dispute

The European Commission has given Poland a month to respond to its request for the withdrawal of a prime minister's motion asking the Constitutional Tribunal to investigate whether the Polish constitution has primacy over EU law.

A letter was sent to Europe Minister Konrad Szymanski by Didier Reynders, the EU’s justice commissioner, the commissioner's spokesperson Christian Wigand has confirmed.

In late March, Prime Minister Mateusz Morawiecki asked the Polish Constitutional Tribunal to check if three points of the Treaty on the European Union were compatible with the Polish constitution. In one of the points, Morawiecki raises doubts whether EU law has primacy over Poland's supreme law.

The Commission is concerned about this motion as it calls into question the fundamental principles of EU law, and in particular the primacy of EU law, Wigand said on Thursday.

All rulings by the Court of Justice of the European Union (CJEU) are binding for the authorities of member states, including national courts, Wigand added.

That is why the Commission is requesting the withdrawal of the prime minister's motion Wigand went on to say, adding that Poland has been given a month to respond.

Szymanski declined to respond on the matter in a conversation with PAP, saying that he "does not communicate with the European Commission through the media."

The European Commission accuses Poland of politicising the justice system because the top judicial self-governing body, the KRS, is now dominated by ruling party politicians. Poland has also introduced a new disciplinary body at the Supreme Court that can strip judges of immunity, but this body is not recognised by the CJEU.