Considerations and consequences of the historical ruling by the Polish Constitutional Court

The positive effects brought about the covid-19 vaccines are currently ensuring a throwback to the pre-pandemic period in Europe, especially at the economical level where, despite the inflation caused by the increase in raw materials’ prices, the trend seems to be extremely encouraging [1].

The providing funds by the Next Generation EU, needed in the projects’ creation and for future investments, will help the trend too.

On the one hand, this kind of scenery is said to be marked in a positive way, as far as the European internal politics are concerned; on the other, there’s an opposite view about the deep issues that are affecting the European Foreign Affairs (such as the Afghan situation, the Pacific’s crisis and the immigration issue).

The most relevant event in this whole situation is represented by the one that has seen Poland at its core, which doesn’t come up as a surprise - despite the actual seriousness of the fact - especially if it’s analyzed with reference to the contraposition that is being guided by the former Soviet countries, the so-called Visegrad block [2].

Indeed, the decision taken up by the Polish Constitutional Court to make its internal right system dominant over the one by the European Union seems to be, except as a clear war declaration, an extremely threatening action [3].

Not surprisingly, there has been a concern about the Poland’s withdrawal from the Eu, a choice that may be risky and quite unrealizable, especially due to the economic benefits that the country receives from its being in the EU. The Prime Minister Mateusz Morawiecki denied this view, by pushing forward its claims [4].

In this case, finding analogies becomes necessary and interesting at the same time, so that a wider interpretation of the last events can be detected: it’s interesting to remind, indeed, that one of the most relevant and mostly discussed points, which have led to different opinions in the Brexit’s definition process, was the European right’s supremacy, an aspect that has been always criticized by the English institutions [5].

The event that took place in Poland represents, however, a step forward in comparison with the simple political positions: the third point of the popular ruling, indeed, confirms the incompatibility between the internal law and articles 2 and 19 of the Treaty on the EU.

The country puts in place a “judicial exit” from the Union, by looking into two fundamental principles: “the respect of the law in the treaties’ interpretation and application” (art. 19), that follows article 2, which highlights the protection and the rule of law’s respect [6].

An extremely and undoubtedly critical scenery that seems to reach an ending point, especially owing to the direct and indirect effects that it may cause.

The domain may be already initiated, particularly if some countries’ dissatisfaction has taken the place of the starting inactivity of the European Union, as some countries are currently taking a stand against Poland.

Despite this fact, this situation enhances interesting considerations: above all, the temporary weakness of the Union due to a variety of reasons.

On the one hand, there’s a political weakness internally created because of France’s secluded position, which is currently on the election campaign; and especially because of Germany that has been playing an influential and connection role in relation with East European countries, where the Country’s role is less dominant due to the Chancellor Merkel’s withdrawal and the difficulties to build a new government.

This apparently institutional emptiness has been, however, filled by unilateral acts by other Countries, such as Holland, where President Rutte asked for a formal mandate to the Parliament to directly take action, by punishing the polish conduct through the usage of the “emergency stop” [7]  pulled as a protective clause of the same Next Generation Eu, whose activation could lead to a delivery’s stop of 36 billions destined to the country [8].

An on-going situation that, however, does not avoid to raise criticism with reference to the European structure and its weak points, where the lack of institutional stability and internal prominence - that should be found out of single States’ influence - ensure the supremacy and the respect of the ruling principles, which may not be the same though.

As far as this topic is concerned, the future positioning of the European institutions with reference to Poland will be essential to set the future. If, on one hand, the President of the Commission Von der Leyen showed her concern, by threatening the possibility of using every available instrument to punish the non-compliant and anti-competitive conducts concerning the Eu, such as the infraction procedures, the conditionality mechanism and, especially, the article 7, used with extreme ratio and deterrence with respect to other countries [9].

On the other hand, however, it’s clear that the European Union’s future will depend on these choices and to how firmly they will be made. A non-definite answer may bring about desegregationist tendencies, both owing to internal fights between the same countries and the progressive undermining of the principles upon which the Eu stands.

A new internal crisis is believed to come, following the previous path but with a major force able to challenge the European roots, if not addressed over the short-term.

[1] https://www.lastampa.it/economia/2021/09/07/news/eurostat-in-europa-il-pil-cresce-del-2-2-positivo-anche-il-tasso-d-occupazione-0-7-1.40676598

[2] https://formiche.net/2021/02/30-anni-visegrad/

[3] https://www.ispionline.it/it/pubblicazione/polonia-sfida-allunione-europea-31932

[4] https://it.euronews.com/2021/10/18/tensioni-polonia-ue-la-commissione-interferisce-nelle-questioni-costituzionali

[5] https://journals.openedition.org/tp/551?lang=en

[6] https://it.euronews.com/2021/10/07/la-corte-costituzionale-polacca-si-scontra-con-l-europa

[7] https://www.ilsole24ore.com/art/dai-rebate-super-freno-emergenza-parole-chiave-dell-intesa-ADXwAXf

[8] https://www.ilfoglio.it/esteri/2021/10/15/news/l-olanda-perde-la-pazienza-con-varsavia-torna-il-freno-di-emergenza-3163049/

[9] https://www.ansa.it/europa/notizie/europarlamento/news/2021/10/19/faccia-a-faccia-tra-il-premie-polacco-morawiecki-e-von-der-leyen-alleurocamera_be76fc00-0fcf-4ff2-8ec5-21b1e9a93d01.html