December 02
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Julia Fernández Arribas
16th July 2021
Institutional law Justice & Litigation

Commission ‘deeply concerned’ by Polish Constitutional Tribunal ruling on interim measures

The European Commission issued a statement on the Polish Constitutional Court’s decision of 14 July, which states that interim measures imposed on it by the Court of Justice are contrary to the Polish Constitution. According to the Commission, this decision reaffirms its concerns about the state of the rule of law in Poland.

The Polish Constitutional Court’s decision comes after the Court of Justice issued orders that it temporarily suspend national provisions on the functioning of the Polish Supreme Court’s Disciplinary Chamber in two separate sets of interim measures-proceedings (C-791/19 R) and (C-204/21 R, read here for more on that case) until final judgment in the case could be delivered. 

In its statement, the Commission recalled the primacy of EU law over national law, as well as the binding nature of decisions by the Court of Justice on all Member States’ authorities and national courts. It expects Poland to immediately suspend the application of certain provisions of the law of December 2019 on the judiciary, in accordance with the Court of Justice’s order. Otherwise, the Commission affirmed that it ‘will not hesitate to make use of its powers under the Treaties to safeguard the uniform application and integrity of Union law’.

Read the Commission’s press release here.


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