Polexit? Why Poland has issued 'direct challenge to EU law' as Brussels in crisis

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The ruling means Warsaw is empowered to disregard a fundamental EU principle enshrined in the Treaties which concerns court independence.

Jakub Jaraczewski from Democracy Reporting International told Playbook: “For everything related to Article 19 [of the Treaty], especially the independence of the judiciary, the primacy of EU law does not apply in Poland.

“This is a direct challenge to EU law at an unprecedented scale.”

Thursday’s Constitutional Tribunal ruling was issued after months of delays and postponements and is seen as an effort to rule out such verdicts from the Luxembourg court.

The move has been taken as an intensification of the battle between the EU and Poland over radical justice system reforms – which has seen Poland’s Law and Justice (PiS) party Government embroiled in several battles with Brussels in recent months.

These disputes have primarily concerned the independence of courts, media freedoms, LGBT rights and other issues.

The nation’s PM Mateusz Morawiecki said Poland requested the Constitutional Tribunal to rule on whether EU law had primacy over Poland’s Constitution given the escalation of tensions between the nation and the bloc.



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