THE EUROPEAN – SECURITY AND DEFENCE UNION
In the Spotlight
+++ Rule of Law +++
At stake is the protection of Human Rights in the strictest sense of the word
The law that is inconvenient, but which protects by Jean-Dominique Giuliani, President of the Robert Schuman Foundation, Paris
E
uropean judges are being criticised by European populists for undermining the “legal sovereignty” of EU member states. The law has become an electoral issue and the most far-fetched promises and assertions flourish in the public debate. Two courts are now at issue: the European Court of Human Rights (ECHR), which judges the conformity of the European Convention on Human Rights that entered into force in 1953 and applies to the 47 member states of the Council of Europe, and the Court of Justice of the European Union (CJEU), which judges the conformity of the acts of the European institutions and the 27 member states with the European treaties. Both of these courts can be called upon by states and individuals. The judgments of the ECHR are binding on states, while those of the CJEU are binding on states and their national courts, for which it also interprets common rules.
The dangerous Polish game
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The Polish constitutional court recently took the lead in challenging the primacy of EU law and thus the jurisdiction of the CJEU, on the grounds that certain provisions of the treaties and
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the court’s decisions were contrary to the Polish constitution. Elsewhere in Europe, in such cases, an amendment to the constitution is put forward. Not in Poland, where only the most archaic nationalism supports a majority that has run out of steam. The Polish government constantly uses the European Union as a scapegoat. There is nothing European about its nationalism. Yet it says it does not want to leave the EU. One can understand why: 80% of Poles feel European. The German constitutional court had for a moment flirted with the same line of reasoning, worrying the partners of the continent’s largest economy. But as is often the case in Germany, a sense of negotiation and compromise prevailed and... the composition of the court changed. In France, the approach of the presidential election has triggered the demagogy of those who advocate a ‘constitutional shield’ or the primacy of national law over European law. We have even seen a former European commissioner dare to propose an exception to the primacy of European law, for immigration, which has become – alas – the favourite theme of politicians, but fortunately not of the French!
European Parliament
Defending the rule of law in the EU (Ed/nc, Paris) On 19th October in Strasbourg,
EU law is the foundation of the EU. The rule of
the European Parliament had a heated ple-
law is indeed one of the fundamental values
European legal order.” She underlined that “it is the first time that a court from a member
nary debate with Poland’s Prime Minister
upon which the EU is based and to which all
state finds the EU treaties incompatible with
Mateusz Morawiecki on the contentious ver-
EU countries voluntarily agree when they
a national constitution”.
dict of Poland’s Constitutional Tribunal of 7th
join the Union. The rule of law guarantees
Polish Prime Minister Mateusz Morawiecki
October stating that cornerstone provisions
fundamental rights and values, and allows
said that “the primacy of EU law does not
of the Treaty on the EU (Art. 1 and 19) are
the application of EU law. It means that gov-
extend to the constitutional system” and he
unconstitutional under Polish law. A majority
ernments should be bound by law, that they
added that “the Polish Constitution is the
of MEPs condemned this ruling and called
should not take arbitrary decisions and that
highest legal act in Poland; it stands above
into question the independence of the court
citizens should be able to challenge their
any other principle of law”.
itself. They warned that the Polish govern-
actions in independent courts.
The European Parliament called on the Com-
ment has taken a regressive path towards
Commission President Ursula von der Leyen
mission to act immediately to defend Polish
totalitarianism.
also participated in the plenary debate and
citizens and the foundations of EU law, by
On behalf of the Slovenian EU Presidency,
said: “The ruling of the Polish Constitutional
triggering the conditionality mechanism (en-
Foreign Affairs Minister Anže Logar took part
Court puts into question the foundation of the
abling the EU to stop funding governments
in the debate and stated that the primacy of
EU and is a direct challenge to the unity of the
that disrespect values such as the rule of law)
