“If you want to create a non-national superstate out of Europe, first get the consent of all European countries and societies,” Prime Minister Mateusz Morawiecki told MEPs during the debate initiated after the Polish Constitutional Court’s judgment on the primacy of the constitution over EU law.
“We have a lot in common. We want to have more and more in common, but there are differences between us,” he said, adding that for cooperation to be fruitful one needs to accept that these differences exist and respect them.
“The Union will not fall apart because our legal systems are different. We have been operating this way for seven decades,” he stressed.
“Increasingly, through judicial activism, decisions are made behind closed doors and there is a threat to the member states... This phenomenon has been increasing for years,” the PM said, emphasising that “today this process has reached such a stage that it is time to say ‘stop’.”
“We say ‘yes’ to European universalism and ‘no’ to European centralism,” he stressed.
“Perhaps someday, in the future, we will make changes that will bring our legislations even closer together, but for this to happen, a decision of sovereign member states is necessary,” Mateusz Morawiecki pointed out.
According to the Prime Minister, there are two possible attitudes that can be adopted.
“To agree to all attempts breaching legal basis and treaties to limit the sovereignty of European countries, including Poland… or to say ‘no, my dear ones’,” he told the participants in the debate.
“If you want to create a transnational, superstate out of Europe, first get the consent of all European countries and societies,” the Prime Minister concluded.
Poland’s Constitutional Court, after examining the application of Prime Minister Mateusz Morawiecki (TK), indicated on October 7that EU law takes precedence over Polish laws only within the scope of delegated powers. According to the Court, allowing the EU to create norms outside this area and giving them priority would mean a loss of sovereignty.
The TK also found unconstitutional the European provision authorising national courts to bypass the provisions of the constitution or adjudicating on the basis of repealed norms, as well as the provisions of the EU Treaty entitling national courts to review the legality of the appointment of a judge by the president and resolutions of the National Council of the Judiciary on the appointment of judges.