Rock Rachon: CJEU and Member States in dispute over primacy of law

The European Commission in its letter addressed to Polish authorities demanded from the Prime Minister to withdraw the question to the country’s Constitutional Court regarding the primacy of the national law over the EU law.

The Commission stated that the country’s motion “appears to contest fundamental principles of EU law, in particular the principle that EU law has primacy over national law” and “contests the authority of the Court of Justice when interpreting the EU Treaties.”

But the issue is much broader than a political dispute between Poland and the European Union institutions. This is evident in other countries which are having exactly the same debate.

When the Court of Justice of the European Union (CJEU) ordered Romania to apply European law before the national one, the Romanian Constitutional Court responded very quickly. On June 8, it stated that the CJEU had acted outside the powers granted to the European Union and that the Romanian Constitution remains the supreme law to be applied by Romanian courts.

The issues of sovereignty, citizenship, legal systems of the Member States are becoming a field of heated dispute in which the European Commission and European Court of Justice try to force their solutions on democratic authorities of the Member States.

Rock Rachon’s guests were Tymoteusz Zych, Mariusz Marszałkowski and Matthew Tyrmand.

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