Morawiecki penned the letter before traveling to Strasbourg on Monday evening, where he will address the full European Parliament the following day. The European Parliament debates the ruling of the Polish Constitutional Court in early October on the relationship between the Polish constitution and EU law. In our previous article about the chances of Poland leaving the European Union, we wrote:
In the letter, the head of government stated that the founding treaties of the European Union are common to all member states, with member states “delegating a number of powers to the common institutions”. Morawiecki wrote that Poland respects EU law and recognizes its priority “in accordance with the common obligations arising from the treaty”.
He also warned that the future of the EU would be threatened by “the transformation of society into a formation that is no longer an alliance of free, equal and sovereign states” but a centrally managed organization outside of democratic control.
Morawiecki stressed that the Polish Constitutional Court has the same powers as the plundered bodies of other EU member states, and the essence of its rulings is the same: “EU law takes precedence over national law, this priority is broad, but there are clear limits.” .
He described the extension of the EU’s powers not provided for in the treaties as unacceptable and violates the rule of law, and stressed that European Court of Justice rulings that go beyond the delegated powers are not binding on the member states concerned. He described it as dangerous for “some EU bodies to confiscate rights not granted to them in treaties” and to impose their will on member states. He pointed out that “this is especially evident today when financial resources are mobilized for this purpose.”
Morawiecki was thinking here that the EU is withholding funds from Poland due to concerns about the rule of law. Following the publication of the letter from the Polish Prime Minister, it became clear that the European Court of Justice would apply the rule of law mechanism before the court’s ruling.
The Warsaw Constitutional Court has declared incompatible interpretation of some provisions of the Treaty on the European Union that appeared in some provisions of the Court of the European Union with Polish law. The Polish opposition and some Western European politicians interpreted the ruling as meaning that Poland could lead to its withdrawal from the European Union.
Regarding the decision of the Constitutional Court, the press service of the European Parliament said last week that the committee is preparing to call on the European Commission to apply conditions to the resources of the EU budget and the recovery fund for the breach of Warsaw commitments.
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