EU asks Polish gov't to withdraw its query from Constitutional Court

Reynders wrote the letter in relation to a motion filed by Poland's PM Mateusz Morawiecki in late March, in which he requested the Constitutional Tribunal (TK) to examine whether three provisions from the Treaty on European Union were compatible with the Polish constitution.

The problems raised by Morawiecki, among other things, pertain to EU law supremacy over local code, as well as the loyalty principle in the EU law.

The provisions questioned by Poland allow or order local authorities to refrain from following Polish constitution, as well as force to apply law provisions in an unconstitutional manner. Morawiecki also stressed in his motion that such interpretation of provisions "raises far-reaching and legitimate constitutional concerns, and has no justification whatsoever in the treaties subject to TK control".

The European Commissioner for Justice Didier Reynders on Wednesday sent a letter to Poland's Justice Minister Zbigniew Ziobro and Minister for European Affairs Konrad Szymański in which he asked them to withdraw the aforementioned motion.

According to EU executive, the motion undermines fundamental EU laws, especially the primacy of the EU law over local codes. Moreover, the Commission stressed that CJEU rulings are binding for all national courts and other state institutions.

Polish ministers have been asked to respond to the letter within a month.