Primacy of EU law: Polish Constitutional Court vs EU Commission

Today’s oral presentation of the ruling by the Polish Constitutional Tribunal raises serious concerns in relation to the primacy of EU law and the authority of the Court of Justice of the European Union.

The Commission upholds and reaffirms the founding principles of the Union’s legal order, namely that:

• EU law has primacy over national law, including constitutional provisions;
• All rulings by the European Court of Justice are binding on all Member States’ authorities, including national courts.

We will analyse the ruling of Polish Constitutional Tribunal in detail and we will decide on the next steps. The Commission will not hesitate to make use of its powers under the Treaties to safeguard the uniform application and integrity of Union law.

The European Union is a community of values and of law, which must be upheld in all Member States. The rights of Europeans under the Treaties must be protected, no matter where they live in the European Union.

The European Commission has the task of safeguarding the proper functioning of the Union’s legal order and it will continue to ensure that.

Source – EC: https://ec.europa.eu/commission/presscorner/detail/en/statement_21_5142