The Commission, the executive arm of the 27-nation EU, on Wednesday said it had "decided to refer Poland to the Court of Justice of the European Union for violations of EU law by the Polish Constitutional Tribunal and its case law."
The move appeared to mark the latest step in a prolonged row between Brussels and Warsaw over judicial independence and the rule of law.
The EU Commission said the Polish Constitutional Tribunal in July and October 2021 issued rulings that expressly challenged the primacy of EU law.
The Commission added that it "also considers that the Constitutional Tribunal no longer meets the requirements of an independent and impartial tribunal previously established by law. This is due to the irregularities in the appointment procedures of three judges in December 2015 and in the selection of its President in December 2016."
The EU executive said its objective was "to ensure that the rights of Polish citizens are protected and that they can enjoy the benefits of the EU in the same way as all EU citizens.
It added: "Primacy of EU law ensures equal application of EU law across the Union."
'We maintain our opinion on this topic': Polish gov't spokesman
Polish government spokesman Piotr Müller said in a comment: "These arguments have been raised by the European Commission but we do not agree with them."
He added, as quoted by the Reuters news agency: "In other countries, like Spain or Germany, the Constitutional Tribunal places the constitution above EU law and we maintain our opinion on this topic."
Polish government spokesman Piotr Müller. Photo: PAP/Mateusz Marek
The Warsaw-based Constitutional Tribunal ruled in October 2021 that some articles of the European Union treaties were against the country's constitution.
Amid a long-standing dispute over whether national law takes precedence over EU law, the Polish Constitutional Tribunal in July 2021 ruled that interim measures imposed by the EU’s top court on Poland's justice system were against the national constitution.
The Warsaw headquarters of Poland's Constitutional Tribunal. Photo: PAP/Radek Pietruszka
"The Constitutional Tribunal with these rulings breached the general principles of autonomy, primacy, effectiveness, uniform application of Union law and the binding effect of rulings of the Court of Justice of the European Union," the EU Commission said in a statement on Wednesday.
It added: "On 15 July 2022, the Commission decided to send a reasoned opinion to Poland, to which Poland replied on 14 September 2022, rejecting the reasoning of the Commission. The Polish reply does not address the Commission's concerns. This is why the Commission decided today to refer Poland to the Court of Justice of the European Union."
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Source: PAP, Reuters, TVP Info, ec.europa.eu