Parliament debates the recent ruling of the Polish Constitutional Tribunal during the plenary session in Strasbourg. MEPs discuss the contentious verdict of Poland’s Constitutional Tribunal, which states that cornerstone provisions of the Treaty on the EU (Art. 1 and 19) are unconstitutional under Polish law. Opening statements by Anže LOGAR, Slovenian Minister of Foreign Affairs and by Ursula von der LEYEN, President of the European Commission. This transcription is a result of an automatic process. Please check against delivery.

statement

Strasbourg

debate

plenary session

EU mechanism on democracy, the rule of law and fundamental rights (T)

EU - Poland (T)

VON DER LEYEN, Ursula (DE, EC)

LOGAR, Anže (SI)

The Rule of law crisis in Poland and the primacy of EU law: opening statements by Anže LOGAR, Slovenian Minister of Foreign Affairs and by Ursula von der LEYEN, President of the European Commission

Arrivals and indroduction of the debate by the President

SOUNDBITE (English), Anže LOGAR, Slovenian Minister of Foreign Affairs, Madam President. Prime Minister, honourable members, thank you for organising this debate. Respect for the rule of law is critical to guarantee well functioning of the Union. The European Union is a union flow and the primacy of EU law is the foundation of it.

SOUNDBITE (English), Anže LOGAR, Slovenian Minister of Foreign Affairs, In EU architecture, primacy of EU law is the way to guarantee the equal equality of member state before the treaties and to ensure that all union citizens enjoy the same rights. Without primacy, the application of EU law would vary from one member to another.

SOUNDBITE (English), Anže LOGAR, Slovenian Minister of Foreign Affairs, This will destroy the level playing field in single market. It is also precondition for daily interaction and for smoothly resolving disputes. It is ultimately the basis for our living together in a common European home. The presidency is committed to bringing forward exchanges in a positive and constructive atmosphere on rule of law and related issues.

SOUNDBITE (English), Anže LOGAR, Slovenian Minister of Foreign Affairs, Today at the General Affairs Council, in the framework of the annual Rule of Law Dialogue, ministers will be discussing developments in the area of rule of law. In a general horizontal debate,.

SOUNDBITE (English), Anže LOGAR, Slovenian Minister of Foreign Affairs, The commission's 2000 21 Rule of Law Report fits into this exercise, and the primacy of EU law is amongst the topics covered in the report. The general Fair Council will discuss again rule of law issues at its session on 23 November.

SOUNDBITE (English), Anže LOGAR, Slovenian Minister of Foreign Affairs, A Country-Specific discussion will cover developments in five main member states, namely Croatia, Cyprus, Italy, Latvia and Lithuania. The Council also remain seised on the Article seven due procedure. The Presidency is committed to advancing these proceedings in a Council in December.

SOUNDBITE (English), Anže LOGAR, Slovenian Minister of Foreign Affairs, In addition, the council continues to closely monitor the recent rule of law developments in Poland. We aspire for a constructive dialogue between the commission and Poland, which would lead towards converging positions.

SOUNDBITE (English), Anže LOGAR, Slovenian Minister of Foreign Affairs, We will also continue this discussion within the council. I look forward to your intervention today and I also and also to hearing Prime Minister Moravec and how Poland sees the way forward. Thank you very much for your attention.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, Thank you. President Silva Parreira, dear Prime Minister, dear Minister Logar. Honourable members. Almost 40 years ago, in December 1981, the communist regime in Poland imposed martial law.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, Many members of Solidarnosc, the independent trade union of other groups, were put in jail simply because they stood up for their rights. The people of Poland wanted democracy. Like millions of other Europeans, from Budapest to Tallinn to East Berlin. They wanted the freedom to choose their government.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, They wanted free speech and free media. They wanted an end to corruption, and they wanted independent courts to protect their rights. The people of Central and Eastern Europe wanted to join the European family of free people, a strong community of values and democracy.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, Because that's what Europe is about and that is what Europe stands for. And honourable members. The recent ruling of the Polish Constitutional Court puts much of it into question. We have been concerned about the independence of the judiciary for some time.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, And this is not only the Commission's opinion. This is what has been confirmed by the European Court of Justice and the European Court of Human Rights. And now this has culminated in the most recent ruling of the Polish Constitutional court.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, Honourable members, the European Commission is at the moment carefully assessing this judgement. But I can already tell you today I am deeply concerned. This ruling calls into question the foundations of the European Union. It is a direct challenge to the unity of the European legal order.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, Only a common legal order provides equal rights, legal certainty, mutual trust between member states and therefore common policies. This is the first time ever that the Court of a member state finds that the EU treaties are incomplete with the national constitution.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, And. This has serious consequences for the Polish people, because the ruling has a direct impact on the protection of the judiciary. The ruling undermines the protection of the judicial independence as guaranteed by Article 19 of the treaty and as interpreted by the European Court of Justice.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, Without independent courts, people have less protection and consequently their rights are at stake. And honourable members, Polish people must be able to rely on fair and equal treatment in the judicial system. Just like any other European citizen.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, In our Union we all enjoy the same rights and this basic principle of fundamentally impact people's lives. Because if European law is applied differently in Grenoble or Gottingen, or Gdansk, EU citizens would not be able to rely on the same rights everywhere.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, Honourable members, when joining the European Union, the Polish people put their trust in the European Union. They expected the European Union to defend their rights and rightly so. The Commission is the guardian of the treaty. It is my Commission's duty to protect the rights of EU citizens wherever they live in our Union.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, The rule of law is the glue that binds our Union together. It is the foundation of our unity. It is essential for the protection of the values on which our union is founded. Democracy, freedom, equality, and respect for human rights. And this is what all 27 member states have signed up to as part of this Union as sovereign countries and free people.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, Honourable members, we cannot and we will not allow our common values to be put at risk. The Commission will act and the options are all known. First option infringements where we legally challenge the judgement of the Polish Constitutional Court.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, Another option is the conditionality mechanism and other financial tools. The Polish government has to explain to us how it intends to protect European money, given this ruling of their constitutional court. Because in the coming years we will be investing two thousand one hundred billion euros with a multiannual budget and the next generation EU recovery programme.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, This is European taxpayers' money and if our union is investing more than ever, to advance our collective recovery, we must protect the union's budget against breaches of the rule of law.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, The third option is the Article seven procedure, this is the powerful tool in the treaty and we must come back to it because let me remind you, the Polish Constitutional Court that today has has cast doubts on the validity of our treaty is the same court that under Article 7 will consider not to be indipendent and legitimate and this in many ways comes full circle.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, Honourable members. I deeply regret that we find ourselves in this situation. I have always been a proponent of dialogue and I will always be. This is a situation that can and must be resolved. And we want a strong Poland and a united Europe. We want Poland to be at the heart of our debates. In building a common future.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, Poland has a stake in Europe. Together we can build a Europe that is strong and confident in a world where other big powers become more and more assertive. Europe has benefited from Poland's unique experience so much.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, Without the people of Poland. Our European journey would have been very different. When Karol Wojtyla as Pope John Paul the second went to his homeland, he changed European history forever. When Lech Walesa, with a shattered group of trade unionists, overcame a mighty army, we saw the beginning of the fall of the Iron Curtain.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, And when President Lech Kacynsky ratified the Lisbon Treaty, together with the Charter of Fundamental Rights he reaffirmed Poland's commitment to our values.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, Polish people have played a fundamental role in making our union whole, in enabling their homeland to thrive as a vital part of our Union. And they will always be.

SOUNDBITE (English), Ursula von der LEYEN, President of the European Commission, Polska... (speaks in Polish)poland, you are and you will always be at the heart of Europe. Long live Poland and long live Europe. Thank. You.