EU Initiates Legal Sanction Procedure Against Poland for 'Violation of EU Law Supremacy Principle'

Mateusz Morawiecki, Prime Minister of Poland
Photo by AFP Yonhap News

[Asia Economy Reporter Park Byung-hee] The European Union (EU) has initiated formal legal sanction procedures against Poland, a member state that has placed its national laws above EU law, causing conflict.

On the 22nd (local time), the European Commission announced that it had issued a "formal notice" to Poland. This was due to the Polish judiciary undermining the rule of law and failing to comply with EU law. In the statement released along with the notice, the Commission pointed out that the Polish Constitutional Tribunal's rulings rejecting EU treaties and the decisions of the European Court of Justice (ECJ) violated the primacy of EU law and autonomy.

In early October, the Polish Constitutional Tribunal clashed with the EU by ruling that "the national constitution takes precedence over EU law." Earlier, in July, Polish Prime Minister Mateusz Morawiecki filed a lawsuit with the Polish Constitutional Tribunal to determine which law?ECJ decisions or the Polish constitution?was superior, and the tribunal ruled that the Polish constitution takes precedence. Following the tribunal's ruling, the Commission warned that EU member states place EU law above national law according to ECJ precedents, and that the Polish tribunal had failed to comply.

The Polish government must provide a satisfactory response to the EU's request for clarification within two months. Failure to comply with the EU's demands could result in hefty fines imposed according to ECJ rulings. Besides legal measures, the EU may also pressure Poland by leveraging subsidies.

Poland is the largest beneficiary of subsidies among the 27 EU member states. Last year, it received a net subsidy of 12.5 billion euros (approximately 17.3 trillion won) from the EU.

In July, EU member state leaders agreed to establish a 750 billion euro (approximately 1,040 trillion won) economic recovery fund to revive the European economy hit by COVID-19. The EU has suspended the disbursement of Poland's allocated "COVID recovery aid" due to Poland's destruction of the rule of law.

Polish Prime Minister Morawiecki protested, saying, "The EU's initiation of legal sanctions shows the EU's centralized bureaucracy and must be stopped immediately."

Earlier, in a letter sent to EU leaders in October, Prime Minister Morawiecki also criticized, "The EU is turning into an undemocratic 'superstate' trampling on the sovereignty of member states."

Poland joined the EU in 2004. It pledged to abide by EU treaties and promised to support the EU's economic and political integration, but has clashed with the EU since a far-right party came to power.

The far-right Law and Justice Party won the general election in 2015 and took power, then was re-elected in 2019. Led by Jarosław Kaczy?ski, the twin brother of former President Lech Kaczy?ski, the party pursues policies that reverse democracy by "reforming" society based on conservative Catholicism and traditional values rather than Western-style democracy and pluralism. Although Kaczy?ski has not served as prime minister himself, he effectively controls the cabinet and national governance.

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