EU facing 'extremely difficult' legal row as top Poland court kicks out Brussels laws

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This threat by Ms Von der Leyen comes after Poland’s highest court had ruled that parts of European Union treaties are unconstitutional. The German government has given his “full support” for the Commission to take any action necessary against Warsaw after Poland’s Constitutional Tribunal ruled that the constitution of the country takes priority over some EU laws.

The Polish court found the Court of Justice of the European Union (CJEU) “violates the principle of rule of law” in certain cases.

As well as this, the courts ruled that certain CJEU rulings had no supremacy over Polish jurisdiction.

Mateusz Morawiecki, the Polish prime minister, was accused of setting his country on the “path to Polexit” by angry MEPs.

French European Affairs Minister Clément Beaune also showed how they oppose the Polish ruling, saying that it is an “attack on the European Union”.

Mr Beaune also referenced the potential for Polexit as he said that Poland were setting themselves up for a “de facto exit” from the European Union.

Ms Von der Leyen’s statement reads: “I am deeply concerned by yesterday’s ruling of the Polish Constitutional Tribunal.

“I have instructed the Commission’s services to analyse it thoroughly and swiftly. On this basis, we will decide on next steps.”

The statement continued: “We will uphold the founding principles of our Union’s legal order.

“Our 450 million Europeans rely on this … We will use all the powers that we have under the treaties to ensure this.”

The decision was welcomed by Jaroslaw Kaczynski, the leader of Law and Justice (PiS), the largest party in Poland’s governing coalition.

He said that any different ruling would effectively mean that “Poland is not a sovereign state”.

Despite Germany supporting the Commission’s potential action, which they may take against Poland, there have been no signs as to what these actions may include.

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The Commission and Poland have been in dispute over the past few months.

Last month, the Commission had put forward to the court that a daily fine should be imposed on the country after Poland had failed to suspend the functioning of a body for disciplining judges.

If this daily fine was to be implemented, then it would be deducted from the payments which are given to Poland from the EU’s budget.

The support by EU countries for Brussels has been evident all across Europe as recent comments by political figures in the EU suggest that they are fully behind whatever measures are taken.

German Foreign Minister Heiko Maas said in a statement Friday that “the Commission has our full support for its task of enforcing European law throughout the EU.”

Ms Von der Leyen added: “EU citizens as well as companies doing business in Poland need the legal certainty that EU rules, including rulings of the
European Court of Justice, are fully applied in Poland.”

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