
Remember the campaign, conducted by the European Commission (EC) and the EU Parliament (EP) with the help of the Court of Justice (CJEU), to teach Poland the rule of law by withholding its share in Ursula von der Leyen’s precious, the Next Generation EU (NGEU) Corona Recovery Fund? EU legalese being not by accident notoriously difficult to understand for anyone but the Court itself, hard thinking reveals that ‘rule of law’ means two things here: independence of the national judiciary from the national executive, and recognition by both of the supremacy of European over national law, including national constitutional law, whatever the European law may be, which in case of doubt is a matter for the CJEU to determine, and the CJEU alone.
Poland, according to Brussels, needs to be taught a lesson, and not just because of the government’s packing of the constitutional court with judges dear to the heart of the majority party. Both the constitutional court and the government believe in a narrow interpretation of European legal supremacy, rather than the broad one preferred by the EC, EP and CJEU. As a result, the Polish constitutional court is likely to find certain, but not all, legal commands emerging from Brussels to be ultra vires, transgressing the limits of European jurisdiction, thereby violating not only Polish law but also the European Treaties to the extent that EU member countries have in the Treaties ceded only some but not all legal powers to the Union.
https://newleftreview.org/sidecar/posts/ultra-vires



