“PiS-exit or Polexit
” this is the dilemma.
At the end of the day, it will be Prawo i Sprawiedliwosc, Jaroslaw Kaczynski ‘s party , to leave the government seats or Poland to take leave of Brussels
Following Thursday’s decision, issued by a majority and with only two votes against, by the Court Constitutional , relating to the legal clash with the Court of Justice of the European Union, public opinion is shattered into two factions: the sovereignists, ready to claim the autonomy of the Polish state with respect to the treaties, and the pro-Europeans, committed to maintaining strengthens cooperation with the Union authorities and the integration process.
According to the ruling, there are many conflicts that emerge between the Polish Constitution and the European jurisdiction. The first contradiction concerns the competences of the Union bodies not expressed in the Treaties.
In addition, the question arises of the European provisions that allow national judicial authorities to ascertain the legitimacy of the appointment of a judge by the Head of State. According to the reading of the President of the Constitutional Tribunal, Julia Przylebska , the European directives cannot eclipse the will and the power of self-determination of the Polish state.
Yet, taking a peek at art. 9, it is clear that the Polish Constitution is bound by respect for international law, so the Warsaw institutions cannot appeal to the national system to evade the obligations deriving from an international treaty.
How can the PiS declare the principles of the Constitution unconstitutional
is the question that haunts Professor Marek Chmaj , a well-known constitutionalist, former militant of the “Union of Socialist Youth” and Vice President of the State Court since 2019.
“I don’t think it will be a shock for Brussels” says Chmaj, commenting on the sentence “Basically, the Constitutional Tribunal has decreed the superiority of Polish law over EU law. In 2004 we joined the Union. The condition of our entry was to accept the acquis of the Treaty, adopt its legal order and transfer some powers of the state bodies to the EU bodies.
Where is the incompatibility
? We have accepted the Treaties, including the Maastricht Treaty. And again, how can we expect to take advantage of the Recovery Fund after trampling the values ​​of liberal democracies: the rule of law, the separation of powers, the independence of courts and judges
But Brussels knows the mechanisms that regulate the Court in our country, it has had time and opportunity to investigate the political situation. So, everyone will pretend nothing has happened ”.
But if on July 14, following the order that provides for the immediate suspension of the application of the rules relating to the jurisdiction of the disciplinary chamber, the vice-president of the EU Court of Justice Rosario Silva de Lapuerta liquidates the “Polish case” with laconic jokes and sententious, now reducing the distances and political-diplomatic mistrust will be much more difficult.
In defense of the claims expressed by the executive of Morawiecki, Viktor Orban , Giorgia Meloni and Marine Le Pen take sides, vice versa, the secretary of the Democratic Party, Enrico Letta posted in a tweet “The news is that Poland is attacking the legal structure of the EU construction at its foundations. It is a question of going back. Wrong and dangerous. That must be fought “.
An alarm bell launched and welcomed also by David Sassoli and Ursula Von der Leyen . While, the President of the European Parliament asks the Commission “to take the necessary action”, the President of the European Commission firmly reiterates that “European law will keep primacy over national ones” and that all the necessary tools will be used to guarantee it.
Although Premier Morawiecki assures that Poland will remain embedded in the firmament of European nations, the breakup that took place Thursday will lead to the multiplication of a series of rejections, signed by European judges, of Polish requests concerning much more serious judicial cases. It cannot be ruled out that the exchange of information in “cross-border” cases is put on standby.
The truth is there for all to see: Kaczynski, to satisfy the anti-European instinct of Justice Minister Ziobro , dragged Mateusz Morawiecki into a corner, radicalizing even more the PiS electorate, and isolating Poland.
The opposition, Lewicafirst of all, it presides over social networks, clamoring for anchoring to the Union and revealing the serious economic repercussions that will arise shortly.
In fact, even if Polexit remains a cloud beyond the horizon, how can Poland manage the energy transition, start the magnificent “Polish Deal” without counting on European funds
. Aleksander Kwasniewski, the President who ferries post-’89 Poland into modernity and the European dream, or the PiS.
One thing seems certain: neither can hope for a future if the other survives.

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