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Verdict of Poland’s Supreme Court Is a Major Challenge to EU Legislation

In a major challenge to the EU’s legal structure, Poland’s top court has rejected the notion of EU law preceding national law in some judicial situations.

Some EU treaty clauses, according to the Constitutional Tribunal, are incompatible with Poland’s constitution. It stated that Polish judges should not utilise EU law to call into doubt the independence of their peers.

The EU’s executive body expressed “strong reservations” over the decision. “EU law has supremacy over national law, including constitutional provisions,” the European Commission stated in its statement.

Mateusz Morawiecki, the Polish Prime Minister, filed the legal challenge. It was the first occasion in the EU’s 27-year existence that a leader of a member state had asked a constitutional court to review EU treaties in their entirety.

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