European Commission President Ursula von der Leyen said this Friday that she will use “all powers” the European Commission has to defend the primacy of EU law in Poland after the country’s constitutional court dictated this. Some community laws are incompatible with the Polish Constitution.
“I am deeply concerned about yesterday’s verdict,” said Von der Leyen in a statement read by his team, in which he said he had instructed the community service to “thoroughly and quickly” examine the details of the controversial verdict.
One day after the proclamation of the Polish constitution, the chairwoman of the municipal council reacted, but her Justice Commissioner Didier Reynders made it clear on Thursday that the situation was serious.
Reynders warned that Brussels would examine possible measures but did not want to clarify whether they are considering opening new infringement proceedings or other options such as freezing funds for confiscation.
The President of the European Parliament, David Sassoli, also considered it unacceptable that a Member State should not recognize the judgments of the EU Court of Justice and called on the Community Executive to act accordingly.
Von der Leyen warned that the European treaties are “very clear”, that the judgments of the European judiciary are legally “binding” on the authorities of all Member States, including the national courts.
“European law takes precedence over national law, including constitutional provisions. It is what all member states of the European Union have signed. We will use all the powers we are entitled to under the treaties to ensure it,” emphasized Von der Leyen.
However, Brussels is reluctant to move forward with the legal tools available to deal with this crisis and insists on not moving ahead until it has analyzed the judgment of the Polish Constitutional Court “in a detailed and orderly manner”.