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Will Poland Leave The European Union – Free PDF Download

 

The Observation

The News

  • Recently, Poland’s constitutional court said that Polish law can take precedence over EU law..!!
  • Earlier, A ruling by the ECJ in March 2021 said that the EU can force member states to disregard certain provisions in national law, including constitutional law. ECJ questioned Poland’s recently implemented procedure for appointing members of its Supreme Court.
  • The decision by the Constitutional Tribunal came after Polish Prime Minister Mateusz Morawiecki requested a review of a decision by the EU’s Court of Justice (ECJ) that gave the bloc’s law primacy.

The News

  • Poland has come under repeated fire from the EU including over issues to do with LGBTQ rights and women’s rights and media freedom.
  • EU now considers the Constitutional Tribunal illegitimate due to the political influence imposed upon Poland’s judiciary by the ruling Law and Justice party (PiS).
  • Amidst all this, a 14 judge bench decided by a majority of 12-2 that Polish laws can take precedence over EU laws. The attempts by the European Court of Justice to involve itself with Polish legal mechanisms violates the rules that give priority to the constitution and rules that respect sovereignty.

The News

  • The tribunal highlights its incompatibility with four specific articles of the Treaty on the European Union (EU) – Article 1, Article 2, Article 4(3), and Article 19.
    1. Article 1 establishes the foundation of the EU.
    2. Article 2 emphasises normative values such as rule of law, freedom, democracy, equality, and respect for human rights.
    3. Article 4(3) underlines mutual respect in assisting each other in carrying tasks from the treaties.
    4. Article 19 allows the European Court of Justice (CJEU) to ensure in interpretation and application of treaties the law is observed.

How did EU react?

  • EU leaders and institutions reacted angrily to the court ruling with the president of the European Parliament, David Sassoli, calling on the European Commission to “take the necessary action.”

The Escalation

Will Poland be thrown out?

  • Poland cannot be thrown out of the bloc as there is no legal mention of such occurrence in EU Principles.
  • However, the EU can decide to impose sanctions if they feel Poland’s actions are unsynchronous with Brussels.
  • In fact The European Commission (EC) has already halted funds allocated for Poland’s pandemic recovery spending worth €23 billion in grants & loans primarily due to the Constitutional Tribunal case and Poland’s breach of the rule of law.

Is Poland looking at Polexit?

Is Poland looking at Polexit?

  • Since 2015, the ruling PiS party has come under repeated fire from the EU democracy and judicial framework of Poland including other issues like media freedom, LGBTQ rights, Women rights & constitutional reforms.
  • However, PiS strongly supports Poland to be in EU.
    1. Prime Minister Mateusz Morawiecki has clearly said that Polexit will not happen. “The entry of Poland and Central European countries into the European Union is one of the highlights of the last decade. Poland’s place is and will be in the European family of nations.”
  • Is Poland looking at Polexit?
  • Since 2015, the ruling PiS party has come under repeated fire from the EU democracy and judicial framework of Poland including other issues like media freedom, LGBTQ rights, Women rights & constitutional reforms.
  • However, PiS strongly supports Poland to be in EU.
  • Prime Minister Mateusz Morawiecki has clearly said that Polexit will not happen. “The entry of Poland and Central European countries into the European Union is one of the highlights of the last decade. Poland’s place is and will be in the European family of nations.”

Then where are we heading?

 

 

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