The rule of law crisis in Poland and the challenge to the principle of the primacy of EU law
The rule of law crisis in Poland and the challenge to the principle of the primacy of EU law
StatusVoR
Alternative title
Authors
Bodnar, Adam
Bełdowski, Jarosław
Monograph
The EU reexamined. A governance model in transition
Monograph (alternative title)
Editor
Kämmerer, Jörn A.
Schäfer, Hans-Bernd
Basu, Kaushik
Date
2024-09-10
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Publisher
Edward Elgar Publishing
Journal title
The EU Reexamined
Volume
Pages
159-176
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ISBN
9781035314850
eISBN
9781035314867
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Access date
2024-09-10
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Abstract PL
Abstract EN
Tensions between European Union and Member State laws have always existed. Not enshrined in the EU treaties, the principle of primacy of EU law was developed by means of jurisprudence of the Court of Justice of the European Union. The breakthrough judgment, Van Gend en Loos, emphasised the compliance of Member States with EU law, which shall be integrated with the national laws. This principle was reinforced by further landmark judgments such as Costa v. Enel, Simmenthal and Marleasing. Obviously, the primacy is not absolute, as it only applies to those areas of competence that have been transferred to the EU. We acknowledge some borderline cases where such transformation has not occurred in full. The central aim of our chapter, which focuses on the situation in Poland ahead of the 2023 elections, is to analyse recent judgments of the Polish Constitutional Court that challenged the primacy of EU law. We distinguish between two approaches, namely “good faith” and “bad faith”, assess their outcomes and give some recommendations. We also present future challenges for the EU as a “community of law”.
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Keywords PL
Keywords EN
EU law
Primacy of EU law
Constitutional courts
Primacy of EU law
Constitutional courts
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Wydział Prawa w Warszawie
Instytut Prawa
Instytut Prawa
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23Acquisition Date13.03.2025
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