Polish court rules EU interim measures are unconstitutional

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Rule of law dispute deepens as judge says Poland does not have to obey EU on changes to its courts system

A woman sits in front of the Constitutional Tribunal during a hearing in Warsaw, Poland, July 13 2021. Picture: SLAWOMIR KAMINSKI/REUTERS

“With the best will to interpret the constitution, it is impossible to find in it the powers of the Court of Justice to suspend Polish laws concerning the system of Polish courts,” said Constitutional Tribunal judge Bartlomiej Sochanski. Shortly before the ruling on Wednesday, the deputy head of the CJEU again told Poland to immediately halt all activities of the chamber — comments echoed by EU justice commissioner Didier Reynders. The CJEU is due to issue another ruling on the disciplinary chamber on Thursday.

Opposition parties and human rights groups say the reforms aim to increase political control over the courts, and that questioning the primacy of EU law could result in Poland’s eventual exit from the bloc.

 

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