Faced with the attack that the European Commission and a part of the European Parliament have launched against Poland, Counting Stars publishes the following manifesto:
Poland is not alone
On October 19, 2021, we Europeans witnessed an event of the utmost gravity that calls into question the democratic nature of the government of the European Union. The president of the European Commission, Ursula von der Leyen, has publicly threatened a member country, Poland, with reprisals, alleging as a motive that on October 7 the Constitutional Court of Poland published a ruling indicating the limits between the EU and national sovereignty from Poland. In a serious invasion of Poland's national sovereignty and judicial independence, Von der Leyen has said that she considers the Polish Constitutional Court is not "independent and legitimate."
The Commission violates the EU Treaty invading powers of the Nations
This attack by the European Commission on the Polish Constitutional Court is a very serious event. Article 3b of the Treaty on European Union states: "Under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States."
Likewise, Articles 2 B and 2 C do not confer on the EU any competence, neither exclusive nor shared, over the judicial systems of the Member States and even less over their constitutional courts. The EU does not have the power to appoint judges, nor to deny the legitimacy of the judicial bodies of each Nation. When Von der Leyen delegitimizes the constitutional court of a member country, what the president of the European Commission does is to invade an exclusive jurisdiction of the Nations. It is a serious violation of the rule of law that she, paradoxically, claims to be defending.
Von der Leyen lies: 9 other countries have published judgments prioritizing their national law
On the other hand, Von der Leyen is seriously misleading when she states: "This is the first time ever that a court of a Member State finds that the EU Treaties are incompatible with the national constitution." The president of the European Commission should better review the jurisprudence of the member countries before making a statement like that, which is not true. Courts in nine European countries, in addition to Poland, have published judgments affirming the primacy of their national law over Community law in those powers not transferred or shared with the EU. In fact, the home country of Von der Leyen, Germany, is the one that has published the most sentences in this line: 19 in total between 1974 and 2020. Here are all the details.
The partisan causes of the Commission's unequal treatment of Germany and Poland
Unlike what it is doing with Poland, the European Commission has never denied the legitimacy or independence of the German Constitutional Court, despite the fact that its magistrates are elected by members of the Legislative Power (the Bundestag and the Bundesrat) as well as it happens with the magistrates of the Polish Constitutional Court (who are chosen by the Sejm).
Nor has the Commission ever threatened to retaliate against Germany, as Von der Leyen has done against Poland. What is the reason for this unequal treatment? Everything seems to point to the fact that the German Legislative Power is dominated by the same parties - the partners of the Party of European Socialists and the European People's Party - that control the European Commission, which is not the case in the Sejm, where it has an absolute majority. the Prawo i Sprawiedliwość party, a member of the Group of European Conservatives and Reformists (ECR), which has no representative on the Commission. Are we facing an alleged attempt to restore the rule of law in Poland, or is that a false excuse for a political revenge against Poland for not voting for the parties that dominate the Commission?
The Commission and democratic values: the cases of Spain, Cuba and Iran
It is becoming increasingly clear that the current European Commission is not ensuring the rule of law. If this were the case, its members would have shown even a hint of concern about the attack on judicial independence being carried out by the socialist and communist coalition government in Spain, but the Commission has remained silent in the face of this attack because among the commissioners the majority group is precisely the socialist. This also explains the complicit silence of the European Commission in relation to the communist dictatorship of Cuba. Let us also remember that the European Commissioner for Foreign Affairs, the Spanish socialist Josep Borrell, has praised the Islamist dictatorship in Iran. Is this how the Commission safeguards democratic values?
An attempt to impose an anti-Christian ideological agenda on Poland
If Poland is currently suffering an attack on its national sovereignty from Brussels, it is not because of the false excuses that the Commission makes, but because the European left, with the complicity of the European People's Party, is trying to impose a leftist ideological agenda on the member countries, an agenda that includes the imposition of gender ideology and the promotion of abortion in schools. Both Poland and Hungary have opposed this agenda, and that is why they are being attacked by the Commission and by the political groups that support it.
Taking into account that we are talking about an openly anti-Christian ideological agenda, directed against two countries whose population is predominantly Christian, it is a gesture of impudence that Von der Leyen cites Saint John Paul II and Lech Kaczyński, both fervent Catholics, to justify his attack on Poland. What would both of them say, if they lived today, in the face of the Commission's attack against their homeland because the Polish people refuse to bow to political projects that threaten their Freedom and against their moral principles? Poland has already courageously resisted the national-socialist yoke and the communist yoke, and those who think that the Polish people are going to allow themselves to impose the new yoke that the left has created for them, with the complicity of the European People's Party, are wrong.
Poland is not alone: many Europeans are at its side
We are not facing a battle to restore the rule of law in Poland, because this is not what is in danger in that country except for the Commission's attack on the independence of the Polish Constitutional Court. We are facing a battle to defend national sovereignty against the political colonialism of the European Commission, which intends to impose ideological dogmas on the Poles that they have roundly rejected at the polls. In the face of this attack on national sovereignty, Poland is not alone: there are many Europeans who are at its side and who see with hope the resistance of the Polish people to this new attack, which today does not come from Berlin or Moscow, but from Brussels.
Niech żyje Polska! Long live Poland!
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