Komunikat MS


The judgement of the German Constitutional Court confirms Poland’s position in the dispute with the European Commission


The ruling of the German Constitutional Court shows that in the dispute regarding the judiciary system the Polish Government, the Polish Constitution and Member States of the European Union are right. The German Constitutional Court has issued a very important judgement, which also relates to Poland. For several months as the Polish Government we have been clearly indicating that the EU may not exceed the powers that Member States delegate to it in the Treaties – stressed Sebastian Kaleta, the Deputy Minister of Justice.

During the press video-conference held today, i.e. on 5 May this year, Sebastian Kaleta and Marcin Warchoł, the Deputy Ministers of Justice, has commented on the ruling of the German Constitutional Court, which declared illegal the action of the EU institution going beyond the Community Treaties. It concerns buying by the European Central Bank (ECB) bonds of different eurozone countries.

Sebastian Kaleta recalled that the German Constitutional Court stressed in two judgements issued in 2009 and 2019 that the national judiciary is not covered by the European Treaties.

– Today’s ruling of the German Constitutional Court, however, goes much further than its two previous rulings. The German Constitutional Court expressly stated that the European Central Bank and the CJEU had breached the law and exceeded their powers. The German Constitutional Court ordered the European Central Bank, i.e. the European Union body, to change the principles of purchasing bonds within three months. At the same time, it pointed out that, if this condition is not fulfilled, the German Central Bank is to withdraw from the undertaking. The German Constitutional Court explicitly ordered the Union body a specific action – stated Sebastian Kaleta, the Deputy Minister. He added that seven out of eight judges of the German Constitutional Court agreed with this judgement.

The Union may not exceed the European Treaties

– Germany defends its sovereignty. The German Constitutional Court has expressly stated that the Union has as much power as Member States granted thereto. And when we stressed in Poland that the powers included in European Treaties depend on the EU Member States, which has just been stated by the German Constitutional Court, part of the opposition and lawyers required Poland to give up its sovereignty to the EU – noted Sebastian Kaleta.

He emphasised that the judgement of the German Constitutional Court is of extreme importance for the dispute between Poland and the European Commission regarding the Polish judiciary reform. – When two weeks ago the Polish Constitutional Court issued a very important ruling, in which it stated that the European Union has no competence to undermine the status of judges in Poland, the spokesperson of the European Commission and some of the Commissioners had the audacity to instruct the Polish Constitutional Court. They claimed that EU law is superior to the Polish law and the Polish Constitution. I wonder whether the EC will comment on the ruling of the German Constitutional Court in the same way – said Sebastian Kaleta.

The EU may act only within the limits of law

– All EU bodies act on the basis of and within the limits of the Union law, also the CJEU acts within the same scope. In cases when the EU bodies exceed their powers, constitutional courts of individual Member States step into action. The German Constitutional Court has stated it in today’s judgement and repeated its earlier rulings – said Marcin Warchoł, the Deputy Minister of Justice.

He recalled that in 2019 the German Constitutional Court had clearly stated that if the CJEU breached the law, the Member State had no possibility to execute the ruling. In 2009, the German Constitutional Court ruled that rights concerning the justice system fall exclusively within the competence of Germany as the EU Member State.

Communication and Promotion Bureau
Ministry of Justice