Poland blackmailed by the EU

[Estro Felino]

The EU Commission basically said to PM M. Morawiecki :
Either you change your Constitution and establish by law that the EU legislation prevails over the Polish one,
Or you can say goodbye to the EU recovery fund.

 

[mikkel_the_dane]

The EU Commission basically said to PM M. Morawiecki :
Either you change your Constitution and establish by law that the EU legislation prevails over the Polish one,
Or you can say goodbye to the EU recovery fund.

Good! Either follow the rules or face the consequences.

 

[Estro Felino]

Good! Either follow the rules or face the consequences.

The sovereignty of States prevails over the EU.
Also because I did not understand what the EU is, juridically. According to international law.
A State? A corporation of billionaires disguised as absolute monarchs?

 

[Estro Felino]

The EU is a contract. Private law.
And the public law of any State always prevails over contracts and private law codes.
At least these are the things you learn at the first year of law school.

 

[mikkel_the_dane]

The sovereignty of States prevails over the EU.
Also because I did not understand what the EU is, juridically. According to international law.
A State? A corporation of billionaires disguised as absolute monarchs?

Well, the EU is a set of rules and you either follow them or you don't. And if you don't follow then you are not a part of the EU.

 

[Estro Felino]

Well, the EU is a set of rules and you either follow them or you don't. And if you don't follow then you are not a part of the EU.

According to the principle pacta sunt servanda, of course.
Let us not forget that the public law of any state prevails over a treaty, which is juridically a contract, private law.

 

[mikkel_the_dane]

The EU is a contract. Private law.
And the public law of any State always prevails over contracts and private law codes.
At least these are the things you learn at the first year of law school.

It is not a private law. It is a set of rules between states. States are not private.
If you local state laws don't allow you to follow the rules, then leave.

 

[mikkel_the_dane]

According to the principle pacta sunt servanda, of course.
Let us not forget that the public law of any state prevails over a treaty, which is juridically a contract, private law.

State laws are not private laws.

 

[Estro Felino]

It is not a private law. It is a set of rules between states. States are not private.
If you local state laws don't allow you to follow the rules, then leave.

International law says that there is no entity which is juridically superior to the sovereign state. No supranational entity can impose anything to the sovereign state.

 

[Subduction Zone]

According to the principle pacta sunt servanda, of course.
Let us not forget that the public law of any state prevails over a treaty, which is juridically a contract, private law.

Not in the US. Here a treaty is a federal law. It is almost as strong as an Amendment.

 

[Estro Felino]

State laws are not private laws.

I am a jurist. I am speaking the juridical language.
Sovereign State =public law
EU treaty= private law because the EU is not a State.

 

[mikkel_the_dane]

According to the principle pacta sunt servanda, of course.
Let us not forget that the public law of any state prevails over a treaty, which is juridically a contract, private law.

Well, the difference is that in e.g. Danish law international laws that the Danish state has agreed to, trump Danish states laws or the Danish state has to leave the agreement it has entered.
So we have a law for that.

 

[Subduction Zone]

International law says that there is no entity which is juridically superior to the sovereign state. No supranational entity cannot impose anything to the sovereign state.

I suppose you are Danish, right?
It is like the EU imposed Danemark to enter the Eurozone. Take it or leave it.

Can you cite this international law?

 

[Estro Felino]

Not in the US. Here a treaty is a federal law. It is almost as strong as an Amendment.

Treaty is international law.

 

[Subduction Zone]

Treaty is international law.

Then you just contradicted the post that I quoted.

 

[mikkel_the_dane]

Treaty is international law.

Yeah, Poland is not following the treaty they have signed. Either change Polish law or leave. That is their option. Nobody is forcing them to do the one or the other in the end.

 

[Estro Felino]

Then you just contradicted the post that I quoted.

Is there a juridically superior entity to the USA which limits its own sovereignty?

 

[Estro Felino]

Yeah, Poland is not following the treaty they have signed. Either change Polish law or leave. That is their option. Nobody is forcing them to do the one or the other in the end.

I imagine if the EU imposed Danemark the entrance into the eurozone, Danemark would quit the EU. Right?

 

[Estro Felino]

Well, the difference is that in e.g. Danish law international laws that the Danish state has agreed to, trump Danish states laws or the Danish state has to leave the agreement it has entered.
So we have a law for that.

Give me the juridical definition of the EU.
What is it? A State?

 

[mikkel_the_dane]

I imagine if the EU imposed Danemarke the entrance into the EU, Danemark would quite the EU. Right?

Please rephrase.