This is the wrong conversation to have. The way Poland triggered EU can be said to be a genius move in deflection.
The real issue is the Polish courts independence, that it isn’t controlled by political powers. The court statement that this all started from is really about Polish government being able to select judges based on political agenda. This is tremendously wrong and is against EU principles when it comes to law and justice. EU requires that the courts are independent. Poland wants the opposite. And this is the heart of the matter, that Poland do not have to adhere to that EU rule, that they can do ANYTHING and EU can do NOTHING about it. That if Poland changes their laws so that courts, including constitutional courts are selected politically that supersedes all EU laws.. Which is true but the consequences part is also quite clear: EU can act accordingly, and if Poland disagrees it threatens the whole agreement they signed, and makes it void: de facto expulsion by their own hands. And this mechanism is nowhere near clear if Polexit could even happen like this, it is a real crisis with less predictable outcomes. Polexit would also be against the will of the people, it would be bureaucratic rather than democratic.
EU law is not supreme. It is in the EU foundation that sovereign nations have the supreme rule over their territory. Absolutely NO LAW can rule over nations laws. What EU is trying to do is to unite the rule of law, so that we have little to no differences between laws. The methods are “carrot and stick”, they are encouraging and discouraging actions, for ex via EU funds. But there is no mechanism that forces ANY nation to do ANYTHING they don’t want to.
And this is what those idiots are now arguing about, that EU law is supreme.. it can’t be, without changing the whole deal, with everyone. But the rule of law being independent, that is the real issue, and Poland made a tactical move to change the discussion to be about something else. The end goal of politically selected courts is to end abortion rights, to be able to oppress LGBT, and so on. And here they are, talking about semantics. I’m worried about this, how the MEPs don’t understand this.. just how stupid can they be? For sure, i read an article about this, otherwise i would have no clue, and it is the only one of the kind i’ve seen but i’m not employed to be competent in EU law and legislation (and i’m quite sure i won’t be able to find that article now..).
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This is the wrong conversation to have. The way Poland triggered EU can be said to be a genius move in deflection.
The real issue is the Polish courts independence, that it isn’t controlled by political powers. The court statement that this all started from is really about Polish government being able to select judges based on political agenda. This is tremendously wrong and is against EU principles when it comes to law and justice. EU requires that the courts are independent. Poland wants the opposite. And this is the heart of the matter, that Poland do not have to adhere to that EU rule, that they can do ANYTHING and EU can do NOTHING about it. That if Poland changes their laws so that courts, including constitutional courts are selected politically that supersedes all EU laws.. Which is true but the consequences part is also quite clear: EU can act accordingly, and if Poland disagrees it threatens the whole agreement they signed, and makes it void: de facto expulsion by their own hands. And this mechanism is nowhere near clear if Polexit could even happen like this, it is a real crisis with less predictable outcomes. Polexit would also be against the will of the people, it would be bureaucratic rather than democratic.
EU law is not supreme. It is in the EU foundation that sovereign nations have the supreme rule over their territory. Absolutely NO LAW can rule over nations laws. What EU is trying to do is to unite the rule of law, so that we have little to no differences between laws. The methods are “carrot and stick”, they are encouraging and discouraging actions, for ex via EU funds. But there is no mechanism that forces ANY nation to do ANYTHING they don’t want to.
And this is what those idiots are now arguing about, that EU law is supreme.. it can’t be, without changing the whole deal, with everyone. But the rule of law being independent, that is the real issue, and Poland made a tactical move to change the discussion to be about something else. The end goal of politically selected courts is to end abortion rights, to be able to oppress LGBT, and so on. And here they are, talking about semantics. I’m worried about this, how the MEPs don’t understand this.. just how stupid can they be? For sure, i read an article about this, otherwise i would have no clue, and it is the only one of the kind i’ve seen but i’m not employed to be competent in EU law and legislation (and i’m quite sure i won’t be able to find that article now..).