PM dismisses EU court option over rule-of-law budget mechanism

Only a legal act that has been adopted can be challenged before the European Court of Justice (CJEU) Polish Prime Minister Mateusz Morawiecki has said in response to a statement by European Commission (EC) President Ursula von der Leyen.

25.11.2020 21:26 update: 26.11.2020 12:36

European Commission President Ursula Von Der Leyen at the European Parliament in Brussels, Belgium, 25 November 2020. Photo: EPA/OLIVIER HOSLET / POOL

Morawiecki said that Poland was totally opposed to legal acts that bypass the EU treaties as they are "inconsistent with the principle of legal certainty."

The EC president suggested on Wednesday that countries with doubts over a regulation tying observance of the rule of law to access to funds from the next EU budget should take their case to the CJEU.

Morawiecki told a Wednesday press conference that EU "secondary law" such as regulations or directives "cannot bypass, cannot overwrite any primary law, or treaty law."

"Treaty law is overriding," he said. "It is like in the order of national law, the constitution stands higher than a law and a law is higher than a regulation." (PAP)

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