Ms Von der Leyen’s threat comes after Poland’s highest court declared parts of EU treaties illegal.
The German government has backed the Commission in taking any necessary action against Warsaw after Poland’s Constitutional Tribunal determined that the country’s constitution trumps some EU laws.
In other situations, the CJEU “violates the principle of rule of law,” the Polish court ruled. Moreover, the courts held that certain CJEU judgements did not supersede Polish law. Angry MEPs accused Polish PM Mateusz Morawiecki of leading his country “to Polexit.”
Clément Beaune, Minister of European Affairs of France, called the Polish verdict an “attack on the European Union”. Mr Beaune also mentioned Polexit, claiming Poland was preparing for a “de facto exit” from the EU.
“I am deeply concerned by yesterday’s ruling of the Polish Constitutional Tribunal,” Ms Von der Leyen said.
“I have instructed the Commission’s services to analyse it thoroughly and swiftly. On this basis, we will decide on next steps.”
“We will uphold the founding principles of our Union’s legal order.
“Our 450 million Europeans rely on this … We will use all the powers that we have under the treaties to ensure this.”
Jaroslaw Kaczynski, leader of Law and Justice (PiS), Poland’s largest party, praised the decision. His ruling effectively means “Poland is not a sovereign state.”
Despite Germany’s backing for the Commission’s probable action against Poland, there are no indications of these actions.
The Commission and Poland have been at odds for months. The Commission had proposed a daily punishment to the court last month after Poland failed to suspend a disciplinary body for judges.
If this daily punishment is enacted, it will be withheld from Poland’s EU budget payments. Recent comments by EU political figures show that they fully support whatever actions are adopted.
“The Commission has our full support for its task of enforcing European law throughout the EU,” German Foreign Minister Heiko Maas said Friday.
“EU citizens as well as companies doing business in Poland need the legal certainty that EU rules, including rulings of the European Court of Justice, are fully applied in Poland,” Ms Von der Leyen added.