The Commission is deeply concerned by the decision of the Polish Constitutional Tribunal, which states that the interim measures ordered by the Court of Justice of the European Union in the area of the functioning of the judiciary, are inconsistent with the Polish Constitution. This decision reaffirms our concerns about the state of the rule of law in Poland.
The Commission has always been very clear on this matter and reaffirms once more:
- EU law has primacy over national law;
- All decisions by the European Court of Justice, including orders for interim measures, are binding on all Member States’ authorities and national courts.
The rights of EU citizens and businesses must be protected in the same way across all Member States.
The European Commission expects Poland to ensure that all decisions of the European Court of Justice are fully and correctly implemented. This includes also yesterday’s Court order to impose the interim measures on Poland to immediately suspend the application of certain provisions of the law of December 2019 on the judiciary, including on the functioning of the Disciplinary Chamber of the Supreme Court.
The Commission will not hesitate to make use of its powers under the Treaties to safeguard the uniform application and integrity of Union law.
Source – EC: https://ec.europa.eu/commission/presscorner/detail/en/STATEMENT_21_3726