In a 129-page-long motion filed to the Constitutional Court (TK), the Polish Prime Minister Mateusz Morawiecki queries three provisions of the Treaty on European Union and asks the TK to investigate them. The PM pointed out that the provisions allow for derogation from the application of the Polish constitution and for the inspection of judges’ impartiality by courts — something that the PM felt raised essential and far-reaching constitutional queries.
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The questions pertain to provisions that authorise or oblige an institution to derogate from the application of the provisions of the Constitution of Poland or enforce the application of legal provisions in an unconstitutional way.
The motion reads that such an understanding of the provision “raises far-reaching and justified constitutional queries. No justification of [the existence of such provisions] can be found in the text of the treaties being subject to the TK inspection.”
PM Morawiecki has also queried the provision that authorises courts to inspect the impartiality of judges appointed by the President. It also authorises courts to inspect the resolutions of the National Judicial Council (KRS).
Further, the PM has challenged the Treaty’s fundamental rule understood as authorisation or obligation of institutions to apply a provision that has ceased to be in force.
The PM stressed in his motion that the TK’s legitimacy to inspect the compliance of the EU stemmed directly from the Polish Constitution. The PM had already filed a motion touching on this issue on March 29. At that time, government’s spokesperson Piotr Müller said that the motion pertained to a comprehensive solution of the discrepancy between the EU law and the Polish Constitution and to the confirmation of the hitherto rulings with this regard.
The filing of the motion comes in the wake of the Court of Justice of the EU’s (CJEU) response to the question of the Supreme Administrative Court (NSA). The response was such that “future overhauls of the law on the KRS that had led to the lifting of the KRS’ efficient judicial inspection of the presentation of Supreme Court justices appointment motions to the president may violate the EU law.”
According to the CJEU, if a state court finds the overhaul violating the EU law, it is obliged to derogate from the application of such provisions.