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Renata Uitz: Commission v Poland (C-204/21 R): Pulverizing the Primacy of EU Law

“As a matter of law, sovereigntist aspirations advocated by the Polish government and its allies are hardly compatible with the primacy of EU,” our Research Affiliate Renata Uitz writes in her post published by the Brexit Institute at Dublin City University.

The article analyzes the periodic penalty of 1M EUR per day, imposed by the Vice-president of the Court of Justice (CJEU) on Poland for “failing to suspend the application of various legal provisions regarding the Supreme Court’s Disciplinary Chamber,” as required by an earlier interim order in the same infringement case.

“Considering the extraordinary steps the CJEU took to defend the primacy of EU law in the face of mounting attacks on its authority, the decision of the Commission seeking to de-escalate tensions with Poland the day after the CJEU imposed a massive fine on Poland is rather odd. It may be explained as a good will gesture in the spirit of constructive dialogue, but it makes little sense in the context of democratic backsliding in the Union,” the author writes.

Read the full post here

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