The Polish Constitutional Tribunal will resume its proceedings today on determining the precedence of EU law over Polish law.
The Polish ruling party, the Law and Justice Party (PiS), has argued that the EU precedence principle undermines Polish sovereignty. The European Commission (EC) argues that a fundamental principle of EU law is how it takes precedence when domestic and EU law conflict. The EU Parliament has asked Poland to halt the proceedings.
Today’s proceedings occur against a backdrop of rising tensions between Poland and the EU. Since coming to power in 2015, PiS has established a track record of EU skepticism. In July 2021, the European Court of Justice ruled that Poland’s Disciplinary Chamber was not compatible with EU law. They argued the ability to discipline judges could pressure judges to rule in favor of PiS. Poland complied by disbanding it, but not without pushback from PiS.
Because the precedence of EU law is fundamental to the authority of the EU, the likelihood of the EU Parliament granting it is unlikely. While PiS may push back, they have historically complied with EU demands. However, as long as they retains power, expect their nationalist stance to remain consistent.
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Gabbi is the Recruitment and Outrech Coordinator at Foreign Brief. She also writes for the Daily Brief where her regional focus centers on Europe and the former USSR. Gabbi's specialization is in intelligence and international law.