Brussels continues to examine legal options to take action against Poland for disregarding the primacy of EU law

The European Commission is still examining what legal action it can take against Poland if the final assessment of its legal team confirms the seriousness of the judgment of the Polish Constitutional Court, which challenges the primacy of Community law over national law.

“A first preliminary report indicates serious problems,” said Energy Commissioner Kadri Simson at a press conference in Brussels after the weekly meeting of the College of Commissioners.

Brussels continues to examine legal options to take action against Poland for disregarding the primacy of EU law
Brussels continues to examine legal options to take action against Poland for disregarding the primacy of EU law

At the meeting, the parish council chairwoman Ursula von der Leyen told the rest of the college that there are several legal tools on the table but she will not decide which to use until the final assessment of the legal advice is “confirmed” first impression of the seriousness of the case.

In this sense, Simson has stated that Von der Leyen has pointed out, among the possibilities of opening new infringement proceedings against Poland, to resort to conditions that make it possible to block European funds if the member state violates the rule of law, or in Article 7 of treaties which, in serious cases, would allow a government to suspend a government’s voting rights to 27 when passing resolutions.

“Our first goal is to ensure that the rights of the Polish people are protected and that they benefit from the European Union like other European citizens,” says Simson, summarizing Von der Leyen’s position. “The European Commission will come back to this after the analysis is complete,” riveted.

The Commission President said last Friday, one day after the judgment of the Polish Constitutional Court, that she would use “all the powers conferred on her by the Treaties” to respond to the questioning of European laws and the Court of Justice, but Brussels has so far avoided to mention the suspension of funds as an option.

Community Executive Vice-President Vera Jourova also warned this week that there must be a firm reaction to the judgment of the Polish court, because if all EU members do not enforce the same rules equally, Europe is in danger of “collapse”.

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