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Exciting News from Poland!

Maybe October 8 Should Be Poland’s Independence Day!

I am not sure how this will end or what it ultimately mean but there is an exciting court decision from Poland. It essentially says that the EU treaty that Poland ratified cannot override the Polish Constitution. Needless to say, the EU leaders are not happy about it.

Here is the court decision in English. Excerpts:

1. Article 1, first and second paragraphs, in conjunction with Article 4(3) of the Treaty on European Union (Journal of Laws – Dz. U. of 2004 No. 90, item 864/30, as amended) – insofar as the European Union, established by equal and sovereign states, creates “an ever closer union among the peoples of Europe”, the integration of whom – happening on the basis of EU law and through the interpretation of EU law by the Court of Justice of the European Union – enters “a new stage” in which:

a) the European Union authorities act outside the scope of the competences conferred upon them by the Republic of Poland in the Treaties;

b) the Constitution is not the supreme law of the Republic of Poland, which takes precedence as regards its binding force and application;

c) the Republic of Poland may not function as a sovereign and democratic state

– is inconsistent with Article 2, Article 8 and Article 90(1) of the Republic of Poland.

Yes it appears to mean what it says as evidenced by this reaction by these EU leaders:

European Commission President Ursula von der Leyen instructed the commission, the bloc’s executive arm, to analyze Thursday’s ruling, but she stressed that EU law has supremacy over national law. “Our utmost priority is to ensure that the rights of Polish citizens are protected,” she said.

The president of the European Parliament, the Italian politician David Sassoli, called on the European Commission to “take the necessary action,” arguing that the “primacy of EU law must be undisputed.” Jeroen Lenaers, spokesperson for the European People’s Party, the biggest political grouping in the European Parliament, said the ruling put Poland “on the path to Polexit.” The United Kingdom opted to leave the EU in a referendum in 2016, an acrimonious departure that was dubbed “Brexit.”

I am glad the EU leaders, none of whom are elected to their position by voters, finally admit it: The European Union is a political union.

I also state my position on Poland leaving the EU – Give me a no later than date so I can order the gallon of sweet tea to celebrate. Or the reform of the EU into a loose federation of sovereign states, encouraged by think tanks to have uniform laws and regulations, and human rights courts with an advisory capacity only. Tell me when. The tea is waiting.

Here is a useful article from European Politico that should be read for context. But yes, Politico suggests it is possible that Poland might be forced to leave the Union. Poland’s positions is dependent on if Hungarian PM Victor Orban wins next April’s election. EU sanctions can be vetoed by another nation. Here is the pertinent part:

Piet Eeckhout, a professor of EU law at University College London, noted that unlike the German ruling, which concerned one particular situation with the ECB, the Polish decision is “systemic” and “clearly rejects the values underpinning the EU.”


For Eeckhout, “the only reasonable thing” for the EU to do now is to double down.

“If we take this judgment seriously, this has to be resolved. The EU should say: You now have to change the Polish constitution or you cannot remain a member state,” he said.

“This will go on for quite some time. Ultimately, Poland should leave or accept implications of membership,” Eeckhout added.

So, let’s see what happens. I am sorry we do not have a President who will stand with Poland.

One more lesson: Our Constitution, submitted to representatives of those who could vote at the time to each state, in order to form a more perfect union, says it is the Supreme Law of the Land (next the Bible most dear!). If we joined a union of nations like the European Union, it would no longer be supreme. Even over USA. God forbid it ever happens!

About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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