PiS lawmakers ask Constitutional Tribunal about CJEU competence

In the request, seen by Polish Press Agency, lawmakers from the Law and Justice party ask the Constitutional Tribunal (TK) to examine whether three provisions from the Treaty on the Functioning of the European Union, pertaining to the Court of Justice of the EU, are in line with the Polish constitution.

The ruling party MPs want the TK to find as unconstitutional the rules which entitle the CJEU, as part of interim measures, to shape the composition, authority and competence, as well as suspend the activity of constitutional bodies of member states, especially the courts.

Another provision questioned by PiS allows the CJEU to carry out control of national laws' compatibility with the constitution of a given state.

The third one allows the CJEU to monitor national laws pertaining to shaping the composition, methods of appointing, and competence of member states' institutions, especially the courts.

According to a group of lawmakers, the provisions in question violate the rules of: democratic state of law, independence of judges, sovereignty of nation, rule of law, primacy of constitution, and primacy of international agreement ratified before new legislation, if the new legislation is incompatible with the said international agreement.

The authors of the request argue that, by joining the EU, Poland has agreed to adopt strictly defined duties in the scope of public international law. They also claim that "current trends in the EU law, especially far-reaching and unprecedented interpretations made by the CJEU, substantially deviates from the original obligation and are inconsistent with the Polish constitution" - the motion reads.

PiS lawmaker Arkadiusz Mularczyk said in a tweet that he had "the honour to represent the a group of MPs in this case, so important for Poland".