Zbigniew Ziobro asked the Constitutional Court to verify the incompatibility of Article 267 of the Treaty on the Functioning of the European Union with the Polish Constitution. It is free for the courts.
The case concerns a letter to the Constitutional Court on 4 October. The Prosecutor General notes in him the inconsistency of the Treaty on the Functioning of the European Union with the Polish "Basic Law". The scope of this incompatibility was defined as: "the court allows to request a preliminary ruling on the interpretation of the Treaties or on the validity and interpretation of decisions taken by the Union institutions, bodies or agencies to the system, form and organization of the judiciary and procedures before the judicial authorities of a Member State of the European Union ".
This is not the first application submitted by Ziobro, but the extension of the application that the Attorney General sent to the Constitutional Court on 23 August. At that time he demanded "declare the non-compliance with Article 267 of the Treaty on the Functioning of the European Union, within the jurisdiction of the national judge to refer a question to the Court of Justice of the European Union for the interpretation of the Treaties or the validity or interpretation of acts adopted by the institutions, bodies, offices or agencies of the Union in a situation where the decision of the Tribunal in this case refers not to the subject matter of the case before the national court pending and the preliminary ruling under Article 11 of the Constitution of the Republic of Poland regarding the expression expressed in Article 2 of the Constitution, the principle of the rule of law and the principle of legal certainty derived from this article and set out in principle in Article 8 sec. 1 of the Constitution, the principle that the Constitution is the highest law of the Republic of Poland. "
Commenting on the issue in TVN24, Dariusz Mazur, spokesperson for the Association of Judges "Themis", said: "For me as a lawyer it is simply inconceivable, because it seems that our Constitutional Tribunal decides that Poland will partially unsubscribe from the jurisdiction of the Court of Justice of the European Union, and therefore breaks Article 267 of the Treaty on the Functioning of the European Union. It is shocking for me – he explained.
What happens in article 267?
The judgment of the judge Mazur can be interpreted in this way: one of the basic conditions for the function of the free movement of persons and services is the functioning of the independent judiciary in all countries of the European Union. This judiciary must meet rather stringent criteria.
In the court's view, Ziobro's request to separate Poland from European law. – This proposal goes in that direction, so that the Court of Justice of the European Union can not effectively make a ruling that will judge the Polish legal system after the so-called reform, or rather the distortion that has been carried out – Mazur said.
In an interview with Piotr Kraśko on Radio TOK.FM Borys Budka clearly said that "Ziobro is preparing the way for the Polish government that does not recognize the judgment of the CJEU, which means a real exit from Poland from the EU."