Limits to the Principle of Primacy of EU Law over the Constitution: Acquis Constitutionnel of Constitutional Tribunal of Poland
Journal Title: Проблеми законності - Year 2017, Vol 138, Issue 138
Abstract
Interaction between EU law and national law of the member-states is on the agenda of many constitutional courts within the European Union. The latest judgment concerning it was passed by Belgian Constitutional Court in 2016. The article is devoted to this issue in the Polish constitutional context. Namely, the aim of the article is to examine the argumentation of Polish Constitutional Tribunal setting limits to the principle of primacy of EU law over the Constitution. Landmark decisions of Polish Constitutional Tribunal concerning EU law have been analyzed. In its judgment of 11th of May 2005 on the validity of 2003 Accession Treaty Polish Constitutional Tribunal precisely stated that Constitution of Poland has absolute primacy within the Polish legal order. In this judgment as well as in judgment of 24th of November 2010 on the constitutionality of Lisbon Treaty judges limited the primacy of EU law over the Constitution. Such limits includes norms forming constitutional identity particularly rights and freedoms provided by the Constitution and exclusive competence that are not transferred to the EU. It is concluded that Polish Constitutional Tribunal like many other constitutional courts used counter limits doctrine in order to protect national constitutional identity
Authors and Affiliations
Галина Довгань
Keywords
Related Articles
- EP ID EP226413
- DOI 10.21564/2414-990x.138.108326
- Views 111
- Downloads 0
Interconnection of Substantive and Procedural Significance of Motive and Purpose of Crime
The article highlights the lack of uniformity in the scientific approach to the definitions of motive and purpose of crime as elements of a subjective aspect of crime, their procedural and substantive significance in the...
Местные государственные администрации как субъекты земельных отношений
Статья посвящена исследованию вопроса места и роли местных государственных администраций в управлении земельными ресурсами. Отмечено особый правовой статус местных государственных администраций, заключающийся в сочетании...
EXPORT OF AGRICULTURAL PRODUCTS OF UKRAINE IN THE CONDITIONS OF EUROINTEGRATION: LEGAL REALITIES AND PROSPECTS
The author researched the legal regulation of agricultural exports and analyzed national agrarian legislation and EU legislation in this area. The legal basis for regulating the export of agricultural products to the Eur...
CONSTITUTIONALLY-LEGAL MECHANISM OF JUDICIAL POWER OF UKRAINE INDEPEND-ENCE SUPPORTING
In the article in a consistent level researching the story behind, the process of global public perception valuable meaning of judicial independent idea, as well as stages of implementation of its idea in the function of...
GENERAL CHARACTERISTIC OF THE CONTRACT OF TRANSPORT FORWARDING
The proposed article is devoted to the study of the general characteristics of the contract of transport forwarding. Despite its legislative recognition, as well as the existence of numerous empirical papers are devoted...