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Poland allows less? Surprising theses in a German daily

Poland allows less?  Surprising theses in a German daily

Can the Polish Constitutional Court not rule on the primacy of the Polish constitution in the domestic legal system, despite similar rulings in the West? This conclusion can be drawn from the text published in the “Frankfurter Allgemeine Zeitung”.

The absolute precedence of European law has never been disputed in the European Union, but the Polish Constitutional Court has for the first time generally questioned this principle.

A German daily newspaper claims the Constitutional Court ruling is “incomparable” with rulings from other EU countries.

Germany allowed more?

Although the Dutch constitution establishes the primacy of the national legal system, the Federal Constitutional Court in its ruling on the Treaty of Lisbon referred to the “essential and inviolable element of the constitutional identity”, according to the expert referring to his opinion “FAZ”, there is no analogy to the situation in Poland.

If you now come with the preamble to the Polish constitution and say that the sovereignty of Poland belongs to the essence of the constitution, and to constitutional identity, it will not work

– says Franz Mayer, lawyer specializing in European law.

It should be something more specific

– He adds.

How do you explain the CJEU’s criticism of the German Federal Constitutional Court’s implementation of the European Central Bank? It turns out that in this case, too, the Germans believed that they could afford more.

“No one questions the primacy of European law in principle, and the ECB’s ruling was an absolute exception,” the former head of the German court, Andreas Voskoll, said in an interview with FAZ.

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Other countries, Poland can not?

What about the sentences against CJEU in the Czech Republic, Denmark and France?

All of these provisions were, however, exceptions, in part only individual questions of interpretation. In turn, the Polish Constitutional Court generally rejected the primacy of European law

– We read in the “Frankfurter Allgemeine Zeitung”.

It is hard to believe that the thesis put forward by the German daily is convincing. Why should other countries’ jurisprudence be a justified exception, and why should a Constitutional Court ruling be viewed as inconsistent with EU law?

Jah / dw.com

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