It was expected and the possibility that the ruling of the Constitutional Court Polish would create a short circuit, only the last one, with theEuropean Union it was concrete. Indeed the Court, led by the judge Julia Przylebska, established that some EU regulations are not compatible with the Polish State Charter.
According to the togates, this ruling refers to the powers of the state that have not been transferred to the bodies of the European Union. A reading that could cause also economic consequences per Warsaw, starting from the non-allocation of funds of the Recovery Fund. In fact, there have been numerous reasons for friction linked to compliance with the rule of law between the Polish government and the institutions of Brussels. In the event that Poland establishes precisely on these issues that national laws must be considered prevailing over European ones, here is the constraint placed on EU funds to overcome the crisis due to the Covid-19 could block the allocation. The dispute mainly concerns the lack of autonomy of the justice system, placed under the control of the ruling party Law and Justice the prime minister Mateusz Morawiecki.
For its part, the European Union said they were “Worry” for the decision of the Polish law. “Our position is clear. EU law takes precedence over national law. The decisions of the Court of Justice of the EU are binding. The Court of Justice is the only one that can establish “compatibility between EU and national law. “We will use all the tools at our disposal to protect” these principles, said the EU Commissioner for Justice, Didier Reynders, also recalling that the first notifications will soon be sent on the basis of the mechanism that conditions the disbursement of EU budget funds.
And a first step towards confrontation has already been taken both by Warsaw and by Budapest. Poland and Hungary they have in fact placed the veto on the conclusions of the EU Justice Council relating to the Commission’s strategy on children’s rights. This was announced by the Hungarian Minister of Justice, Judit Varga: “We will continue to resist the pressure of lobby Lgbtq. Since some states have strongly insisted that LGBTQ activists be admitted to our schools, my Polish colleague and I had to use the veto ”. The strategy included actions to end the genital mutilation, counter the bullying online vis-à-vis young LGBTQs and improve free movement for rainbow families. “The fight against violence against minors – added Varga in a post on Facebook in which he explains the reasons for the veto – or child prostitution, or even the guarantee of the rights of children with special educational needs or disabilities, or the refusal of any forms of discrimination are less important to them than guaranteeing extra rights to the LGBTQ lobby ”.