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Brussels
The head of the European Commission has threatened to take action against Warsaw in response to a major court ruling that said some EU laws are incompatible with the Polish constitution.
Ursula von der Leyen told a meeting of EU commissioners on Wednesday that an initial analysis of the ruling by Poland’s Constitutional Tribunal indicated that it posed serious problems for the 27-member bloc, Energy Commissioner Kadri Simson said.
In the event that these concerns are confirmed by a deeper examination of the ruling’s implication, von der Leyen indicated several options as a response.
These include the initiation of further infringement proceedings against Poland, which could lead to a case before the European Court of Justice and ultimately result in financial sanctions against Warsaw.
A new EU rule of law mechanism could also be put into effect, said Simson. It allows EU budget payments to be withheld from countries that are believed to be in breach of EU law.
Brussels has already initiated an “Article 7” procedure against Poland for violating EU values, which could result in the country’s EU council voting rights being suspended.
The European Commission triggered the processes in 2017 in relation to Polish judicial reforms, but the case has languished for years.
Still, von der Leyen could widen the scope of the case to include the latest ruling from the Constitutional Tribunal.
The court ruled in early October that certain elements of EU law violate the Polish constitution, thereby giving national law precedence over EU law.
The European Commission is of the opinion that EU law generally takes precedence over national law.
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14/10/2021
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