EU slammed over design flaw fuelling Poland Supreme Court row as Polexit fears ramp up

European Union has a ‘design flaw’ says expert

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European political expert Andreas Kluth has laid out a central flaw behind the European Union political project. Mr Kluth argued that the lack of an agreed constitution and system of rules between member states has created a legal “ambiguity” that plagues the EU. His analysis comes amid a fierce row between Poland and the EU over the legitimacy of legal rulings handed down by Brussels.

Mr Kluth told DW News: “Poland is clearly like Hungary in the wrong here because of its motivations for the step, but with that rebellion, Poland is putting its finger on a central ambiguity that plagues the European project, the European Union.

“A design flaw as it were because the European Union really is trapped between being a federal state like Germany or the US and just a confederation of states so a club of nations like the United Nations.

“It’s not clear which and therefore it’s also not clear whether from the European treaties, because the EU doesn’t have a constitution, from the European treaties it’s not clear exactly what is the relationship the hierarchical relationship of the European Court of Justice in Luxembourg and the national courts.

“So this issue keeps coming up and this is just the most blunt way it has come up and therefore, either the EU has to decide it will go forward become a federation and give itself the constitution which it has tried and failed to do in the past.

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“Or and I think that’s more likely it has to see well, if we’re going to be a club then like every other club, or most other clubs, we have to have a way of kicking out members if they don’t play by the rules.”

The European Union‘s top court has demanded Poland pay a daily 1 million euro fine for failing to abolish a controversial disciplinary chamber for the country’s top judges.

Brussels has ruled that the chamber undermines the independence of Poland‘s courts in violation of EU values and rules.

“In the ruling issued today, the Vice-President of the Tribunal obliged Poland to pay…a penalty payment of EUR 1 million per day, counting from the date on which this ruling was delivered to Poland,” announced the European Court of Justice on Wednesday.

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Brussels correspondent Alexandra Von Nahmen told DW News: “I think that the ruling has a great potential of escalating, further escalating the already ongoing rule of law battle between Poland and the European Commission, the European Union.

“And this chamber is just one issue there, there is a recent ruling by the Polish Constitutional Tribunal that Polish Constitution takes primacy over EU law.

“And critics say that Poland is challenging the fundamental values of the European Union.

“Last week EU leaders met here in Brussels to try to de-escalate. 

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“They said we need to keep up the dialogue, we need to talk about that.

“But at the moment, I really cannot imagine how this dispute can be de-escalated.”

Earlier this month Poland’s constitutional court challenged the power of the European Union in a landmark ruling which poses a major crisis for the European superblock according to experts.

Poland’s highest court ruled on Thursday, October 7 that some parts of EU treaties are incompatible with the Polish constitution, challenging a pillar of European integration and sharply escalating a dispute between Brussels and Warsaw.

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