Polish Supreme Court Rules "Some EU Treaties Unconstitutional"...Growing Concerns Over Polexit

[Image source=Reuters Yonhap News]

[Asia Economy Reporter Hyunwoo Lee] The Polish Supreme Court has ruled that certain provisions of the European Union (EU) treaties violate the country's constitution, and that the EU Commission's order to suspend the functions of Poland's National Council of the Judiciary (NCJ) based on the EU treaties constitutes interference in domestic affairs. As Poland legally declares the EU system unconstitutional, concerns are growing that, similar to the UK's Brexit (the UK's withdrawal from the EU), a 'Polexit' may occur.

On the 7th (local time), the Polish Supreme Court ruled that the EU Commission's demand last January to suspend the functions of the NCJ, which was formed through judicial reform by the Polish government, was interference in domestic affairs, and that the provisions within the EU treaties prioritizing EU law over national law are also unconstitutional. This effectively declares Poland's EU membership itself legally unconstitutional, raising fears that Poland's withdrawal from the EU, known as Polexit, will accelerate.

The EU Commission issued a statement regarding the Polish Supreme Court's announcement, expressing strong regret and stating, "The EU Commission will not hesitate to exercise its powers under the EU treaties to protect the uniform application and integrity of EU law."

Poland's NCJ was established in January last year as part of judicial reforms led by the ruling Law and Justice Party (PiS), under the pretext of preventing judges from abusing judicial power. The NCJ can summon and investigate judges who issue rulings deemed problematic, impose fines, or dismiss them, and its members are elected by the Polish lower house. There has been controversy that this law effectively allows PiS, the ruling and majority party, to control judicial power, and criticism within Poland that the organization violates the separation of powers.

In response, the EU Commission has demanded the suspension of the NCJ's functions since its establishment last year, warning that the organization could significantly threaten Poland's democracy. When the Polish government refused, the EU has pressured Poland by withholding approval of 23 billion euros (approximately 31.65 trillion won) in EU funds allocated to Poland.

This content was produced with the assistance of AI translation services.