EU investigates Warsaw court that gave Polish laws constitutional edge

Dec. 22 (UPI) -- The weeks-long conflict between the European Union and Poland over whose laws supersede the other's entered uncharted legal territory on Wednesday, as the alliance opened an investigation that could set a precedent for all 27 members of the bloc.

The European Commission said it has begun an infringement procedure, two months after Poland's Constitutional Tribunal ruled that Polish national laws supersede EU laws when the two appear to conflict with each other.

The commission said the Polish rulings challenge the primacy of EU law -- and, thus, could ultimately affect each member state.

"The commission considers that these rulings of the Constitutional Tribunal are in breach of the general principles of autonomy, primacy, effectiveness and uniform application of union law and the binding effect of rulings of the Court of Justice of the European Union," the European Commission said in a statement.

Poland has overhauled its judiciary under President Andrzej Duda and some have accused him of building a legal chamber that will solidify controversial positions on issues like human and LGBT rights, even if they conflict with EU laws.

Polish leaders have said the court rulings were needed to streamline Warsaw's judiciary and eliminate the remnants of the former communist regime. Some critics say that the move has stripped the Polish judiciary of its independence.

"The gravity of this breach gives rise to a reasonable doubt in the minds of individuals as to the independence and the impartiality of the judges concerned," the European Commission added in its announcement on Wednesday.

"Whereas the Constitutional Tribunal is called upon to rule on questions relating to the application or interpretation of EU law, the commission considers that it can therefore no longer ensure effective judicial protection by an independent and impartial tribunal previously established by law."

When a country joins the EU, it must adjust all laws to fit in with legal codes set out by the European bloc. Poland joined the EU in 2004.