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Gov't supports Polish court decision on legal hierarchy 

EU

Hungary's government has welcomed in a resolution a judgment by Poland's Constitutional Tribunal establishing that some provisions in the founding Treaties of the European Union are inconsistent with the Polish Constitution, according to a report by state news wire MTI.

In the resolution, the government said the constitutional court's decision was "prompted by bad practice of the European Union institutions".

That practice "disregards the principle of subsidiarity and seeks to deprive the rights of the Member States, rights never conferred to the European Union, by stealthy extension of powers without amending the Treaties of the European Union", the government said.

"The primacy of EU law can take precedence only in areas where the European Union has competence, the framework of which is laid down in the Treaties of the European Union," it added.

"The institutions of the European Union have a duty to respect the national identities of the Member States, which form an integral part of their fundamental political and constitutional order," the government said.

"In addition to the European Union institutions, the law enforcement bodies of the Member States, in particular the constitutional courts and tribunals, are entitled to examine the scope and limits of the European Union's competences," it added.

The government called on EU institutions in the resolution to "respect the limits of the sovereignty of the Member States in their operations".

After the resolution was issued, Gergely Gulyás, who heads the Prime Minister's Office, said EU institutions are "attempting to misinterpret" the Polish court's decision.

He explained that the debate is not about whether EU law has primacy over national law, but about the areas in which it does have primacy.

The European Commission on Thursday said the Polish Constitutional Tribunal's ruling "raises serious concerns in relation to the primacy of EU law and the authority of the Court of Justice of the European Union".

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