THE POLONIA INSTITUTE
on the Threat to Legal Sovereignty and Independence
– guided by the principle of the rule of law and the constitutional duty to defend independence, including the protection of the systemic and functional sovereignty of the Polish Nation and State;
– in view of international and domestic pressure aimed at undermining the legal sovereignty of the Republic of Poland, the pressure that ignores the precedent achievements of the Polish State and of the European Union Member States, as expressed in the long-standing jurisprudence of national constitutional courts;
– in view of the serious threat to the sovereign existence of the Polish State and the challenge to the rights of Poland to determine its own political system and make its own laws, the unprecedented threat that is aimed at stripping Poland of its fundamental attributes of sovereignty due to the forced emergence of the superstate in place of the European Union, against the will of the parties to the European Treaties;
– in view of legislative practices of the EU institutions, which routinely exceed the powers vested in them by the European Treaties and the principles of public international law, thus grossly violate the rule of law and the fundamental principles of democracy;
The Polonia Institute concludes that the European Commission and the Court of Justice of the EU:
– violate the contractual principle of equality of the EU Member States as well as the obligation to respect national identities of the EU Member States inherent in their fundamental political and constitutional structures, thereby seizing powers not granted to them by Poland, in violation of the international treaties, in particular in violation of Article 4, Articles 1 and 2 of the Lisbon Treaty and Article 67 of the Treaty on the Functioning of the European Union in conjunction with Article 2 of the Lisbon Treaty;
– under the guise of implementing general principles laid down in the European Treaties, the EU bodies take legislative actions that go beyond the competences conferred upon them in the European Treaties by the Member States. The norms created outside the limits set forth pursuant to the European Treaties undermine the status of “European law” and provide for sanctions that are lacking the legitimacy for enforcement because they are outside the legal framework authorized by the European Treaties, hence are devoid of democratic legitimacy;
– fail to apply European laws, including principles set forth in the treaties, to all EU Member States in a uniform, nondiscriminatory manner, interpreting and implementing them selectively and in a discriminatory way based on political or ideological considerations;
– use institutional violence by calling on the Polish judiciary to violate the principles and destroy the structures of the Polish judicial system shaped by the Polish Constitution and carefully developed over the years by statutes and case law. This process takes place in violation of the rights of the Polish citizens to a fair trial and a case reviewed promptly by a competent, impartial, and independent judge, in violation of the right to due process of law. Such irresponsible actions also jeopardize the certainty of legal transactions, thereby endangering business relations;
– seek to cause anarchy in public life and undermine the fundamental principle of a democratic state by calling on the Polish judiciary to violate the constitutional principles set forth in the Polish Constitution. This results in violation of the principle of legal certainty and the right to a fair trial;
– encourage and empower Polish judges to challenge presidential prerogatives with respect to the legitimacy of the President of Poland to confer judicial powers on judges to administer justice;
– undermine the constitutional prerogative of the President of the Republic of Poland to appoint judges.
In view of the foregoing:
The Polonia Institute accepts with approval, the decision of the Constitutional Tribunal of the Republic of Poland of October 7, 2021, confirming that the competencies of the organs of the Republic of Poland not delegated through the treaties to international organs cannot be exercised by international organs to which Poland has not delegated such competencies. Furthermore, the implementation in Poland of norms based on the judgments of the CJEU that stand above the Polish Constitutional or are contrary to the Polish Constitution destroys the Polish legal system and constitutes the loss of legal sovereignty by Poland.
We welcome and fully support the position of the Constitutional Tribunal of the Republic of Poland that the shaping of the system of justice in the Republic of Poland is an element of the Polish constitutional system and sovereign identity of the Polish state. Therefore, the competence to shape the judicial system is the exclusive competence of the Republic of Poland and the Polish legislator. As such shall never be transferred to the European Union or any other international body.
Thus, the judgments of the CJEU interfering with the system of the Polish judiciary have entered the exclusive sphere of Polish Constitutional identity, thereby going far beyond the powers vested in the bodies of the EU via European treaties.
We hereby call for:
– the removal from the Polish judiciary of those judges who question the supremacy and inviolability of constitutional principles shaping the Polish judiciary;
– the removal of immunity for judges with respect to acts constituting a violation of Article 8 of the Polish Constitution, according to which the Polish Constitution is the supreme law of the Republic of Poland;
– the restoration of the activity and expansion of the activity of the Disciplinary Chamber of the Supreme Court to ensure the implementation of guarantees of the right to a fair trial, including the right to have a case promptly heard by a competent, nonpartisan, impartial, and independent judge;
– to adopt a permanent mechanism of cooperation between the President and the government with a view to systematically subjecting CJEU rulings and secondary EU legislation to the scrutiny of the Constitutional Court for compliance with the Polish Constitution;
– the introduction of the law that mandates the examination of norms of external law for compliance with the Polish Constitution.
We hereby call upon all EU Member States to object to the unauthorized interference of EU bodies in constitutional prerogatives of the EU Member State.
We hereby call upon the Congress of the United States and all people of good will to support Poland in this endeavor to make sure that the Member States of the European Union are not subjected to unauthorized interferences by the organs of the European Union that violate the sovereign identity of the European nations.
Maria Szonert Binienda, Esq.
Chair of the Board of Directors
The Polonia Institute