V4 Report: Poland ?? ready to defy the European Court of Justice and its “government by judges”.
This is a matter of national sovereignty and the integrity of the European nation state. Defiance can be very healthy when defending one’s independence and freedom from foreign judges.
** Poland’s government showed its brash attitude toward the European Union, saying it was ready to defy and ignore a decision of the European Court of Justice if it rules against a sweeping revamp of the justice system.
Deputy Prime Minister Jaroslaw Gowin signaled on Monday that Poland may no longer respect the decisions of the top EU tribunal, which is deliberating two cases regarding the legality of its judicial overhauls.
Hours later, Premier Mateusz Morawiecki downplayed the importance of the court, whose rulings he said weren’t being implemented by other EU nations.
“This isn’t the court of the last judgment, it’s an European court,” the prime minister said about the EU’s highest tribunal.
“There are 52 pending cases about the implementation of the European Court of Justice’s rulings across the bloc, and “nobody there is making a big deal about it, unlike the clamor the opposition is trying to drum up here,” he said.
*** It is not just Poland which has issues with the ECJ. The status and jurisdiction of the ECJ has been questioned by representatives of member states’ judiciary:
In Germany, the former president Roman Herzog warned that the ECJ was overstepping its powers, writing that “the ECJ deliberately and systematically ignores fundamental principles of the Western interpretation of law, that its decisions are based on sloppy argumentation, that it ignores the will of the legislator, or even turns it into its opposite, and invents legal principles serving as grounds for later judgments”.
The President of the Constitutional Court of Belgium, Marc Bossuyt, said that both the European Court of Justice and the European Court of Human Rights were taking on more and more powers by extending their competences, creating a serious threat of a “government by judges”.
He stated that “they fabricate rulings in important cases with severe financial consequences for governments without understanding the national rules because they are composed out of foreign judges”.
– Europe needs more of this “push back” and must firmly establish that Europe must be governed by the various nation states, not some global leviathan with their own activist judges in Luxembourg attempting to override the legislation of elected national governments.
More need to challenge the authority of the EU and Council of Europe who, despite their names, often push agendas at odds with the best interests of the European nation states.