Do you want more Europe? Then we will ask for more democracy!

There is no European people or any people who prefer. The key EU institutions are not subject to democratic accountability. As long as there is no European people and the EU institutions are not democratically accountable, the power of judges should be subject only to national jurisdiction. Otherwise, we will be led by the unelected aristocracy of Brussels.

An aristocracy that will usurp more and more privileges over time. Just as it usurps the supremacy of EU law over national law. This alleged superiority is not in the tracts. The European Court of Justice awarded it to itself. It ruled in the Costa vs ENEL case in 1964 that the law of the European Economic Communities dominated national law. From just like that, without a base in the tracts. This usurpation functions only because since then no state has openly and directly questioned it.

Only the Germans limited the scope of this usurpation against themselves. The German constitutional court ruled in the 1970s in judgments known as Solange I and Solange II that EU law prevails as long as it does not infringe fundamental rights guaranteed by German law.

At the beginning of the 21st century, attempts were made to introduce the supremacy of EU law in the EU constitution. But the French rejected the idea of ​​an EU constitution in a referendum in 2005. The Eurocrats pushed through the Lisbon Treaty in place of the would-be constitution. But even there, in the text of the treaty, they did not dare to place the primacy of EU law over national law. They stopped to attach an annex to the treaty with sixty-five declarations, including declaration No. 17:

the declarations attached to the treaties are a fuzzy compromise. When contracting states cannot agree to binding changes to the rules, they declare the facts they agree or the actions they will take in the future. The declaration of 17 li only confirms the usurpation of the EU tribunal.

There is no matter more democratically assessed than holding authority. In Poland, for several years it has been worse or better, but still democratic accountability of judges has been introduced. Before PiS came to power, the judges of the Supreme Court themselves co-opted the next judges of the Supreme Court. It had nothing to do with democracy and the rule of law (show me the constitutional provision that established co-option as a recruitment mechanism for the Supreme Court !?). Contrary to the protests of the good caste, the change introduced publicly available declarations of property of judges, etc., many other changes that make up the accountability of the judiciary.

Now, Western politicians are threatening to take funds from us for reconstruction after COVID, despite the fact that our application is well prepared and economically sensible. They reach for naked power and pure politics. In a case where the rules of law are apparently at stake. They demonstrate that it is only a policy that has pretended a conflict over the norms of law for too long.

Do you want more Europe? Then we will ask for more democracy. Until then, you know where you can put your superior species wisdom:

It is true that there is no single model for securing the independence of judges in Europe. So in Western Europe politicians can nominate and promote judges, for example. Because they have Culture! A culture that has grown for a long time. But you in the East are going to take one model. The model we will impose on you! Your judges will be nominated and promoted by other judges!

The above paragraph is no joke. This is the description of the Venice Commission report:


Źródło: EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW, CDL-AD(2007)028-e, Judicial Appointments – Report adopted by the Venice Commission at its 70th Plenary Session (Venice, 16-17 March 2007)

The Brussels aristocracy says we are to bow to her and her local governors. Thank you, but no. I am a European and I expect to be treated on an equal footing with other Europeans.

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