Sta Hungry Stay Foolish

Stay Hungry. Stay Foolish.

A blog by Leon Oudejans

Will the German Federal court confirm the Polish ruling?

12 October 2021

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The recent ruling by the Polish Constitutional Tribunal was rather smart: only some parts of EU treaties are incompatible with the Polish constitution (eg, BBC, Reuters). Hence, the majority of EU treaties is compatible. You will, however, not read that conclusion in any mainstream media. Nearly all media are only interested in: click-bait-fight until future regulation by law. See my blogs on click-bair-fight-regulate.

The German Federal Constitutional Court in Karlsruhe has been delaying a similar ruling for many months. Perhaps, these German judges were waiting for (i) the verdict of another national constitutional court, (ii) the imminent (political) departure of German Chancellor, or (iii) both.

The ruling of the Polish Constitutional Tribunal will reaffirm the earlier legal considerations by the German Federal Constitutional Court. Hence, I expect that the German ruling will confirm the Polish ruling: some parts of EU treaties will be considered as incompatible with the German Federal Constitution.

There is nothing weird about this Polish ruling despite what you will hear and read from Brussels and/or mainstream media. This decision is in line with the most fundamental aspects of a separation of powers (a.k.a. trias politica) between: (i) the executive branch or government, (ii) the legislative branch or parliament, and (iii) the judicial branch or the courts.

The Polish ruling would have been weird if the EU had been a Federation, which we are not. If the EU is not a Federation then its member states have the final say. This is already clear from political EU appointments, like in the European Commission. The EU Parliament is mostly a rubber-stamp institution and a job-market for outsourced national politicians. Hence, the ECJ is not and cannot act like a European Federal Court.

It’s in Brussels interest to pretend that the ECJ is the highest court for the 27 EU member states. Clearly, politicians in Brussels are eager to create a European Federal Republic (my blogs). Pretending that the European Court of Justice is similar to a European Federal Court is just a means to an end.

The above translates into this (updated) diagram:

The left hand side of my diagram features the default situation in any country, except for federations. The right hand side of my diagram features the default situation in federations, like Germany and USA. In the middle, the complicated hybrid European situation. Each new member state has created – and will continue to create – additional (eg, economic, legal, political) issues. Hence, the recent stop to new EU entries (eg, Reuters).

Lonely Boy (1977) by Andrew Gold
artist, lyrics, video, Wiki-1, Wiki-2

He was born on a summer day, 1951
And with a slap of a hand, he had landed as an only son
His mother and father said, “What a lovely boy
We’ll teach him what we learned, ah, yes, just what we learned
We’ll dress him up warmly, and we’ll send him to school
It’ll teach him how to fight, to be nobody’s fool”

In the summer of ’53, his mother brought him a sister
And she told him, “We must attend to her needs
She’s so much younger than you”
Well, he ran down the hall and he cried
Oh, how could his parents have lied?
When they said he was their only son
He thought he was their only one

Note: all markings (bold, italic, underlining) by LO unless stated otherwise.

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