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I UNDERSTAND
English Section

German expert backs Poland’s top court amid row with EU: report

13.10.2021 13:45
A German political economist has said that Poland’s Constitutional Tribunal was right in ruling that only national courts could interpret the limits of the powers of European Union institutions, according to a report by Polish state news agency PAP.
Roland Vaubel, a German political economist, has said that Polands Constitutional Tribunal was right in ruling that only national courts could interpret the limits of the powers of European Unions institutions, according to a report by Polish state news agency PAP.
Roland Vaubel, a German political economist, has said that Poland’s Constitutional Tribunal was right in ruling that only national courts could interpret the limits of the powers of European Union’s institutions, according to a report by Polish state news agency PAP.PAP/Radek Pietruszka

Roland Vaubel, a former lecturer at the University of Mannheim in southwestern Germany, said the EU's Court of Justice (CJEU) "had no remit" to make such judgments as they could only be made by "the relevant courts of the member states," the PAP news agency reported.

“It’s logical and follows from the fact that powers were transferred to the bloc precisely by the member states,” Vaubel said, according to PAP.

He argued that both the Polish and German constitutional courts had ruled to this effect, the Polish news agency reported.

It said Vaubel was a political economist specialising in international monetary policy and international organisations.

In a landmark judgment, Poland’s Constitutional Tribunal ruled last Thursday that parts of EU treaties were incompatible with the Polish constitution.

The verdict added to a long-running dispute between the Polish government and EU institutions. It appeared to question a key tenet of European integration and threatened to escalate tension between Warsaw and Brussels.

Since the top court’s verdict, Poland’s ruling conservatives have been accused by the opposition of effectively preparing an exit from the European Union, of which the country has been part since 2004.

Shortly after the ruling last week, Polish conservative Prime Minister Mateusz Morawiecki said that, by judging some articles of the bloc’s treaties unconstitutional in the country, the Constitutional Tribunal confirmed the primacy of the national constitution over EU law.

The Polish foreign ministry said in a statement on Saturday that the country's Constitutional Tribunal "reaffirmed the hierarchy of the sources of law" in the country and across the European Union.

It also said that "all obligations arising from both primary and secondary European Union law remain in force and thus, will continue to be fully respected by Poland."

Morawiecki said on Sunday that “all obligations arising from the bloc’s regulations remain in force” and that any talk of a Polexit "is fake news.”

(pm/gs)

Source: tvp.infoPAP