Poland has challenged the supremacy of EU law, a move that could shake the bloc’s foundations.
Warsaw sent a seven-page letter detailing numerous rulings of continental courts that argued against EU law having primacy.
Konrad Szymanski, Polish European Affairs Minister, even mentioned Germany’s Federal Constitutional Court at Karlsruhe as a possible listing. This court recently challenged a European Court of Justice judgment on the European Central Bank’s bond-buying program.
This letter follows a ruling by the ECJ that Poland’s disciplinary court of its judges was in violation of EU law.
Since then, Warsaw has resisted its plans. The Supreme Court stopped the chamber’s work in an attempt to avoid punishment by the EU Commission.
Poland now claims that the ECJ should remove its interim measures, which the country’s tribunal deemed unconstitutional.
According to the Politico News Website, the letter states: “The Polish government has decided to use the legal procedure… and file a request to the CJEU to revoke its decision introducing interim measures in view of the new and substantial circumstances of the Polish Constitutional Tribunal judgement that came in on the same day,”
“I believe that considering this request will create an opportunity to work out a proper balance in the EC J’s case-law between the primacy of national constitutions… and the primacy of the EU law in the area of its exclusive competence.”
Szymanski seems to be arguing that the ECJ should have limited powers in areas where the EU is the only competent.
This would allow EU courts to permit countries to depart from EU law in all areas except for trade, competition and fishing.
In recent months, it has become more common to face challenges against the primacy of EU law.
Poland accused the EU courts in Poland of going beyond the EU treaties’ limits.