primacy EU law – Brussels begins legal action against Poland

Brussels has today begun legal action against Poland over a row about the primacy EU law and its application in the country.

In October, Poland’s Constitutional Tribunal ruled the country’s EU membership did not give the bloc’s courts supreme legal authority.

The ruling sparked anger in Brussels and further damaged Poland’s already troubled relationship with EU chiefs.

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Primacy EU law

On Wednesday, the European Commission said it had “serious concerns” over the ruling and said it had begun an “infringement procedure.”

It said the ruling was in breach of EU treaties and denied individuals before Polish courts “the right to effective judicial protection.”

“Finally, the EU Commission has serious doubts on the independence and impartiality of the Constitutional Tribunal,” the statement added.

The EU’s top court, the European Court of Justice (ECJ), issued an injunction in July to suspend both the disciplinary chamber and the effects of the decisions already taken on the lifting of judicial immunity.

Wednesday’s ruling found that “The member state has failed to take the necessary measures to fully comply” with the ECJ’s July injunction.

Poland has two months to reply.


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