We stand up for national constitutional institutions

The European Parliament’s resolution on the Polish Constitutional Tribunal not only violates Poland’s sovereignty and constitutional identity, but also explicitly undermines the fundamental pillars of European cooperation, the autonomy of EU law and the institutional balance enshrined in the Treaties. Dialogue between the Court of Justice of the European Union and the courts of Member States is key to preserving and developing the European community of law.

The Fidesz delegation to the European Parliament is deeply dismayed and concerned by the resolution adopted by the European Parliament on 21 October regarding the constitutional court of the Republic of Poland. In a parliamentary debate in response to the Polish Constitutional Tribunal’s decision on the relationship between national law and EU law, the European Parliament’s resolution described Poland’s constitutional court as illegitimate and incapable of interpreting the Polish constitution, questioning its independence.

The European Parliament’s resolution, in addition to being an interference in the internal affairs of the Republic of Poland, which seriously undermines the country’s sovereignty, constitutional order and identity, explicitly undermines the fundamental pillars of European cooperation in several respects. The European Parliament is again, like many times before, debating and deciding on an issue that does not fall within its competence. This time, moreover, as a political body, it is commenting on the judicial body of a Member State and seeking to interfere in its activities. The European Parliament is not a depository of popular sovereignty. We consider it important that the European Parliament only takes a position on matters that are referred to it, as dictated by the Treaties.

It is of particular concern that the European Parliament, by declaring a national constitutional court illegitimate, is undermining not only the sovereignty of the Member State concerned but also the autonomy of the EU legal order. The European community of law consists of the legal systems of Member States and a common legal system established by the Member States, which operates independently of Member States’ legislations. Only a judicial dialogue based on mutual respect for each other’s competencies can resolve possible conflicts between these legal systems. The responsibility for integration requires that the courts listen to each other and respect each other’s arguments, even if they are different. The European Parliament’s resolution undermines this dialogue between the courts and ultimately the autonomy of EU law, the integrity of the Treaties and the institutional balance they guarantee. The Fidesz delegation to the European Parliament condemns and rejects this interference in the strongest terms.

Background: The Polish Constitutional Tribunal ruled in early October that certain provisions of the Treaties of the European Union are not fully in line with the Polish constitution. The decision of the constitutional court was heavily criticised by European institutions. On 21 October 2021, the plenary session of the European Parliament adopted a resolution on “the crisis of the rule of law in Poland and the primacy of EU law”, in which it described the Polish Constitutional Tribunal as “illegitimate”, lacking “legal legitimacy and independence” and as a body not entitled to interpret the Polish constitution, whose decision undermines the primacy of EU law. During the debate, Polish Prime Minister Mateusz Morawiecki stressed that the competencies delegated to the EU only apply to legal standards lower than the constitution, as the delegation of its powers could not violate the Polish constitution. He also pointed out that the Polish Constitutional Tribunal ruled that only a certain interpretation of the articles cited was contrary to the Polish constitution.