This procedure follows the decision of the Polish Constitutional Court to consider European law inferior to Polish law, after the condemnation of the reforms of the Polish judicial system by the European Commission.
With our correspondent in Brussels, Pierre Benazet
The European Commission had warned that it would use all the tools at its disposal to respond to this regular attack against one of the very foundations of the Union. She decided to take out the heavy artillery. For her, the Polish constitutional court contravenes the general principles of European law: its autonomy, its effects, its primacy and its uniform application.
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The July and October decisions of this constitutional court also contradict another fundamental principle, namely the binding nature of the decisions of the Court of Justice of the EU. In addition, the decisions of this tribunal undermine the European treaty, which guarantees the right to judicial protection. And not content with dragging Poland before the Court of Justice of the EU for a set of already very substantial grounds on the merits, it also adds serious doubts about the independence and impartiality of the Polish constitutional court.
The European Commission denounces the interference of the political and affirms in a way that this institution no longer meets the European criteria which define a tribunal. For Polish Prime Minister Mateusz Morawiecki, the European Commission’s decision shows “ that the trend towards the development of democratic centralism (…) in Brussels is unfortunately progressing, but it must be stopped “.