Polish judiciary is beyond EU's remit, says ruling party leader

Artur Reszko/PAP

The EU has no right to interfere in areas where Poland has not ceded authority to it, such as the judicial system, the leader of Poland's ruling party said on Thursday.

Jarosław Kaczyński's comments came as the Constitutional Tribunal (TK) ruled on the primacy of the Polish constitution over EU treaties.

The Law and Justice (PiS) leader, who is also a deputy prime minister, told a press conference on Thursday, which coincided with the announcement of the TK ruling, that he did not yet know the outcome.

"I hope it was clearly stated by our Constitutional Tribunal... as by the courts of nine European Union countries, that in Poland the highest legal act is the constitution," Kaczyński said.

"To say differently would mean that first of all Poland is not a sovereign country and secondly that in Poland there is no democracy because there are no citizens," he continued. "Citizens exist when they form a people, a demos, hence democracy. A people who decide who and how to rule."

He also said as someone who has read the constitution and treaties, it was evident that the constitution had primacy and that "all European laws that are binding in Poland.... must be consistent with the Polish constitution."

"In areas in which we have not agreed to them being taken over, even in part, by the European Union, only Polish laws are binding and the European Union has nothing to do with it and has no right to interfere," Kaczyński said. "That concerns among other things the judicial system, here the EU has nothing to say."

Poland’s Constitutional Tribunal ruled on Thursday that several articles of the EU Treaties do not comply with the Polish Constitution, calling into question the primacy of European Union law over national legislation.

The Tribunal's ruling was issued at the request of the country's prime minister.