On Thursday 21 October, in a resolution adopted by 502 votes to 153 with 16 abstentions, MEPs condemned the decision of Poland’s “illegitimate Constitutional Tribunal” of 7 October 2021, which is not “competent to interpret the Constitution in Poland”. MEPs had already expressed their disapproval during a debate on Tuesday 19 October attended by Polish Prime Minister Mateusz Morawiecki (see EUROPE 12815/3).
MEPs consider the judgment “an attack on the European community of values and laws as a whole, undermining the primacy of EU law” and are deeply concerned “that this decision could set a dangerous precedent”.
The Parliament also deplores the fact that “the current Polish Prime Minister has taken the initiative to question the primacy of EU law over national legislation, once again misusing the judicial system to achieve his political agenda”.
The resolution further deplores that the judgment “has a negative impact on Polish and European citizens and businesses, as their fundamental right to an independent judiciary that fully applies the acquis and EU legislation can no longer be guaranteed”.
The Parliament is still concerned that this decision “will have a significant chilling effect on Polish judges in making use of their prerogatives to apply EU law”.
As regards the response to Warsaw, the Parliament reaffirms in this text “its view that EU taxpayers’ money should not be paid to governments that seriously, deliberately, and systematically undermine the values enshrined in Article 2 of the EU Treaty”.
It therefore calls on the European Commission and the EU Council to “take urgent and coordinated action by launching infringement proceedings or triggering the Rule of law Conditionality Regulation for Poland”.
The Parliament also asks to refrain from approving the Polish recovery plan “until the government implements the judgements of the CJEU and international courts fully and properly”.
It also reiterates the request to Member States to vote under the so-called ‘Article 7’ procedure to establish the existence of a clear risk of a serious breach of the Rule of law by Poland, which they can do with a 4/5 vote instead of by unanimity.
The French EPP delegation, hesitant on Wednesday, finally indicated on Thursday 21 October that it was satisfied with the text and therefore supported the Parliament’s message.
Link to the adopted resolution: https://bit.ly/3m3mgu9 (Original version in French by Solenn Paulic)