EXPLANATION
Assessment of the conformity to the Polish Constitution of selected provisions of the Treaty on
European Union
On 7 October 2021, the Constitutional Tribunal considered the Prime Minister’s application lodged
with the Constitutional Tribunal to assess the conformity to the Polish Constitution of selected
provisions of the Treaty on European Union.
The Constitutional Tribunal adjudicated as follows:
1. Article 1, first and second paragraphs, in conjunction with Article 4(3) of the Treaty on European
Union (consolidated version: OJ C 202, 7.6.2016)
–
insofar as the European Union, established by equal
and sovereign states, creates “an ever closer union among the peoples of Europe”, the integration of
whom
–
happening on the basis of EU law and through the interpretation of EU law by the Court of
Justice of the European Union
– enters “a new stage” in which:
a) European Union authorities act outside the scope of the competences conferred upon them by the
Republic of Poland in the Treaties;
b) the Constitution is not the supreme law of the Republic of Poland, which takes precedence as
regards its binding force and application;
c) the Republic of Poland may not function as a sovereign and democratic state
–
is inconsistent with Article 2, Article 8 and Article 90(1) of the Constitution of the Republic of Poland.
2. Article 19(1), second subparagraph, of the Treaty on European Union
–
insofar as, for the purpose
of ensuring effective legal protection in the areas covered by EU law
–
it grants domestic courts
(common courts, administrative courts, military courts, and the Supreme Court) the competences to:
a) bypass the provisions of the Constitution in the course of adjudication
–
is inconsistent with Article
2, Article 7, Article 8(1), Article 90(1) and Article 178(1) of the Constitution;
b) adjudicate on the basis of provisions which are not binding, having been revoked by the Sejm and/or
ruled by the Constitutional Tribunal to be inconsistent with the Constitution
–
is inconsistent with Article 2, Article 7, Article 8(1), Article 90(1), and Article 178(1) and Article 190(1)
of the Constitution.
3. Article 19(1), second subparagraph, and Article 2 of the Treaty on European Union
–
insofar as, for
the purpose of ensuring effective legal protection in the areas covered by EU law and ensuring the
independence of judges
–
they grant domestic courts (common courts, administrative courts, military
courts, and the Supreme Court) the competences to:
a) review the legality of the procedure for appointing a judge, including the review of the legality of
the act in which the President of the Republic appoints a judge
–
are inconsistent with Article 2, Article
8(1), Article 90(1) and Article 179 in conjunction with Article 144(3)(17) of the Constitution;
b) review the legality of the National Council of the Judiciary’s resolution to refer a request to the
President of the Republic to appoint a judge
–
are inconsistent with Article 2, Article 8(1), Article 90(1)
and Article 186(1) of the Constitution;
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