The suggestions found in the Court of Justice of the EU’s (CJEU) ruling regarding common courts in Poland constitute an obvious violation of Poland’s constitutional order and they exceed provisions of EU treaties infringing upon fundamental activities of the EU as a community of sovereign states, Constitutional Court (TK) Chief Justice Julia Przyłębska told the Polish Press Agency (PAP).
This refers to Tuesday’s CJEU ruling on the overhaul of the National Council of the Judiciary (KRS). Justice Przyłębska commented on the development saying that “the Constitutional Court has ruled many a time that the Polish constitution rules out the intervention of courts in the appointment of justices.”
“The appointment of justices is the sole prerogative of the Polish President and no one may restrict that. The TK has explicitly ruled that with regard to the U 2/20, P 22/19 and P 13/19 that the constitution precludes investigations carried out by common, military and the Supreme Courts of the regularity of the appointment of justices by the President of Poland. Regarding the ruling on the case K 12/18, the TK has ruled that the constitution rules out investigation by the Supreme Administrative Court of appeals against the rulings of the KRS,” said MS Przyłębska.
The TK Chief Justice went on to say that in view of Tuesday’s CJEU ruling, “the rulings of the TK on the Accession and Lisbon Treaties need to be recalled, as [having read them] it can be inferred that in the event of an incongruence between EU law and Poland’s Constitution, the latter applies.” She said that “the Constitution remains, due to its particular force, the supreme law of the Republic of Poland with respect to all international agreements that bind Poland.”
“As such, the suggestions comprised in the CJEU ruling pertaining to the activity of common courts issuing rulings in the name of the Republic of Poland constitute an arrant violation of constitutional law and glaringly transgress the [EU] treaty provisions by breaching the foundations of the EU’s activity as a community of sovereign states,” the TK Chief Justice said.
The Court of Justice of the European Union (CJEU) ruled on Tuesday that subsequent amendments to the Polish law on the National Council of the Judiciary (KRS), which led to the abolition of effective judicial control of the Council's decisions regarding which applications for appointment to Supreme Court (SN) judges to present to the Polish President, may violate EU law.