The Polish government has justified the controversial and authoritarian ruling of its Constitutional Court on the primacy of national laws over EU laws, arguing that Spain did the same in the case regarding the seat as MEP and immunity of former Catalan political prisoner Oriol Junqueras, despite the fact that according to EU treaties, EU laws have primacy over national ones.
In a press conference, Poland’s PM Mateusz Morawiecki, reminded the journalists that in the case of Junqueras, Spanish courts concluded that the EU institutions “sometimes” exceed their powers and clash with state legislation. He referred to the lawsuits filed in both the EU Court of Justice (ECJ) and the Spanish Supreme Court over the immunity of Junqueras.
EU courts ruled that he had immunity as an MEP and therefore had to be released and be able to travel to Strasbourg to get his accreditation. However, the Spanish Supreme Court did not authorize him to do so, arguing that immunity in Spanish legislation does not apply when a trial has begun before an election.
Poland now affirms that this case gives them legitimacy to do the same and remain a Member State of the EU.