8 października 2021
‚Legal PolExit. Julia Przyłębska’s Constitutional Tribunal held that CJEU judgments are incompatible with the Constitution’
‚The Constitutional Tribunal, headed by Julia Przyłębska, ruled that the CJEU’s interpretation of Articles 1 and 19 of the EU Treaty is incompatible with the Constitution. The Prime Minister used the Constitutional Tribunal to block judges from invoking CJEU judgments and to have a para-argument in the negotiations with the European Commission.’ ‚The Constitutional Tribunal […]
‚The Constitutional Tribunal, headed by Julia Przyłębska, ruled that the CJEU’s interpretation of Articles 1 and 19 of the EU Treaty is incompatible with the Constitution. The Prime Minister used the Constitutional Tribunal to block judges from invoking CJEU judgments and to have a para-argument in the negotiations with the European Commission.’
‚The Constitutional Tribunal headed by Julia Przyłębska ruled on 7 October in case K 3/21 that the interpretation of Articles 1 and 19 of the EU Treaty by the Court of Justice of the European Union in its rulings on the independence of the judiciary, is in conflict with the Constitution.’
‚Prime Minister Mateusz Morawiecki filed the motion in the case on 29 March 2021.’
‚The Constitutional Tribunal decides to discontinue the proceedings to the remaining extent. The judgment was passed with a majority of votes. Judges Piotr Pszczółkowski and Jarosław Wyrębak submitted dissenting opinions. Bartłomiej Sochański read out the oral justification of the judgment.’
‚The written justification will be announced, as is customary for the Constitutional Tribunal, in several weeks or perhaps even months.’
‚On 14 July, the Constitutional Tribunal led by former PiS MP, Stanisław Piotrowicz, ruled that CJEU decisions on the judiciary do not apply in Poland.’
Text comes from the Rule of Law website
Full article: ‚Legal PolExit. Julia Przyłębska’s Constitutional Tribunal held that CJEU judgments are incompatible with the Constitution’