Skip to Content

EU flags. Stock photo from Pixabay

Polish Constitutional Court declares EU law incompatible

The dispute between Warsaw and Brussels over Poland's judicial reform is escalating. The Polish Constitutional Court ruled that elements of EU law violate the country's constitution. This could allow Poland to disregard the judgments of the ECJ.

Published: October 8, 2021, 7:13 am

    Read more

    “The attempt by the European Court of Justice to interfere in the Polish judicial system violates (…) the rule of primacy of the constitution and the rule that sovereignty is preserved in the process of European integration,” the judges ruled on Thursday.

    Specifically, the procedure was aimed at discerning whether provisions from the EU treaties, with which the EU Commission justifies its right to have a say in questions of the rule of law, are compatible with the Polish constitution.

    Among other things, the Brussels authority has doubts about the independence of the Polish Constitutional Court, which has now determined that national law takes precedence over EU law. The chair is Julia Przylebska, a close confidante of PiS boss Jaroslaw Kaczynski.

    “The EU institutions act outside the limits of the competence that Poland gives them,” said Przylebska when pronouncing the verdict.

    The EU Commission expressed its “concern” about the ruling. Brussels will use “all means” to ensure that EU law is respected in Poland, said EU Justice Commissioner Didier Reynders on Thursday. The principle that EU law takes precedence over national law and the binding character of decisions by the EU judiciary are central to the confederation of states, he said.

    Prime Minister Mateusz Morawiecki had asked the Polish Constitutional Court to review a judgment of the European Court of Justice (ECJ) of March 2, 2021. In this ruling, the top EU judges found that EU law can force member states to disregard individual provisions in national law, even if it is constitutional law.

    Because of the reforms, the EU Commission has already opened several infringement proceedings against the government in Warsaw and has filed lawsuits with the European Court of Justice (ECJ).

    Poland’s government had actually relied on a German constitutional court ruling. In May 2020, the Karlsruhe judges objected to the European Central Bank’s bond purchases worth billions – and thus opposed an ECJ ruling for the first time.

    The Federal Constitutional Court in Karlsruhe, Germany, reserved the right to carry out the final inspection.

    Consider donating to support our work

    Help us to produce more articles like this. FreeWestMedia is depending on donations from our readers to keep going. With your help, we expose the mainstream fake news agenda.

    Keep ​your language polite​. Readers from many different countries visit and contribute to Free West Media and we must therefore obey the rules in​,​ for example​, ​Germany. Illegal content will be deleted.

    If you have been approved to post comments without preview from FWM, you are responsible for violation​s​ of​ any​ law. This means that FWM may be forced to cooperate with authorities in a possible crime investigation.

    If your comments are subject to preview ​by FWM, please be patient. We continually review comments but depending on the time of day it can take up to several hours before your comment is reviewed.

    We reserve the right to del​ete​ comments that are offensive, contain slander or foul language, or are irrelevant to the discussion.

    • LuciusAnnaeusSeneca

      Since the early 1990s the EU has increasingly trampled on the rights of member states. Such imperious behavior has been especially seen with those that joined the EU that were former Iron Curtain countries. Many changes made by the EU since they joined should be rightly challenged by them, as they did not sign up to subseqent
      changes, or were not even given a voice in such legislation. When Poland and other central/eastern European countries joined, they did so as sovereign states. They are only insisting that per the conditions of accession into the EU, that they continue to be treated as the same sovereign states that joined in the first place.


    Poland changes law to expel illegal migrants on the spot

    WarsawIn Poland, a change in the law on asylum has come into force, according to which migrants entering the country illegally can more easily be expelled. The background to this is a sharp increase in the number of illegal entries via Belarus.

    A French presidential candidate challenges the global oligarchy

    ParisFlorian Philippot, the leader of the Patriots party in France, targeted "Macron and his clique who have misled the state, even more than their sinister predecessors". But Philippot does not have the same voter allure as Marine Le Pen or Eric Zemmour.

    The bat that flew away

    BerlinMostly claiming the old and very sick, there has been a notable trend of promoting iatrogenic treatment (where the cure was worse than the disease) including excessive use of invasive mechanical ventilators and ineffective and expensive Big Pharma drugs like Remdesivir to treat a pandemic allegedly created by a "bat" from Wuhan in China.

    Belgium: Rappers call for theft and knife attacks

    Antwerp In Antwerp, Belgium, rappers display their violence in videos and call for robberies and knife attacks. These young people do what is called “drill”, a musical sub-genre of hip-hop launched in the late 2000s by young rappers and producers from the South Side neighborhoods of Chicago. The drill is characterized by lyrics with violent, morbid, dark content and an irregular rhythm.

    Germans increasingly distrust official Corona figures, fear a health dictatorship

    BerlinDoubts about official SARS-CoV-2 figures from the German government have increased: Almost half of the country fear an eternal Corona dictatorship.

    The human brain is new NATO battlefield

    BrusselsWith the help of Big Data and new technologies, NATO intends to change not what people think, but how they think. And thus "to make everyone a weapon".

    Protesters heckle Bill Gates before dinner with Boris Johnson

    LondonBritish Prime Minister Boris Johnson invited around 20 business people to dinner in London on Monday, including Bill Gates and Jamie Dimon, the boss of JPMorgan Chase. Together with these individuals, Johnson wants to build a “Global Britain”.

    Sweden Democrat stirs debate over vaccine ‘poison shot’ and climate

    StockholmIn the Sweden Democrats, a heated discussion has flared up after a Member of Parliament Roger Richthoff, who is also a regular member of the Defense Committee, attracted attention in the media for critical comments about Covid-19 vaccination.

    Hungarian opposition backs conservative Catholic figure to dethrone Orban

    BudapestIn the spring of 2022, the Hungarian opposition believe they will have the opportunity to defeat Viktor Orban, who has been in power since 2010.

    Record cold and snow expected in Northern Hemisphere

    Meteorologists are warning of an extremely cold and snowy winter. The amount of snow in the northern hemisphere is already hundreds of gigatons larger than normal for the season and the South Pole has measured the coldest winter ever since measurements began there. This is astonishing climate news that the system media has chosen to completely ignore.

    Go to archive