The European Commission should immediately apply the new rule of law conditionality mechanism to Poland, following yesterday’s ruling by the Polish Constitutional Tribunal.
In reaction to Thursday’s verdict by Poland’s Constitutional Tribunal stating that Poland’s Constitution has primacy over EU law, lead MEPs chairing the parliamentary committees on Budgetary Control, Legal Affairs and Civil Liberties made the following statements.
Monika Hohlmeier (EPP, DE), Chair of the Budgetary Control committee noted: “With this ruling, Poland is unfortunately saying goodbye to our European legal order. If European legal acts are no longer accepted, it is questionable whether Poland can still profit from the enormous amounts of EU funding it currently receives. Poland is the top recipient of EU cohesion funds and the fourth largest recipient of NextGenerationEU funding. Poland has made its own case for the triggering of the rule of law conditionality mechanism. I wonder if this is a consequence Polish authorities were willing to risk.”
Adrián Vázquez Lázara (Renew, ES), Chair of the Legal Affairs committee, stated: “The European Union is a community of values based on very solid legal and constitutional principles. The judgement of the Polish Constitutional Tribunal is a direct strike to those principles and to one of the pillars of the European project: the primacy of EU law. The seriousness of the situation demands swift action from the EU institutions and it is now more urgent than ever to activate the Conditionality Regulation. Enough gestures, time for action.”
Juan Fernando López Aguilar (S&D, ES), Chair of the Civil Liberties committee and standing rapporteur for Poland, said: “This decision of a Constitutional Tribunal that is subordinate to the PiS Government crosses the final border of EU membership and violates the founding principles of EU Law. We demand that the Commission implements the rule of law conditionality mechanism with immediate effect and launches infringement proceedings before the CJEU against Poland for breaching the Treaties and challenging the primacy of EU law.”
Further information
- EU Regulation on a general regime of conditionality for the protection of the Union budget
- Parliament approves the “rule of law conditionality” for access to EU funds (16.12.2020)
- Rule of Law conditionality: Parliament wants investigations launched immediately (8.07.2021)
- Committee on Budgetary Control
- Committee on Legal Affairs
- Committee on Civil Liberties, Justice and Home Affairs