- Author:
Kajetan Rusinek
- Institution:
Uniwersytet Jagielloński
- Year of publication:
2013
- Source:
Show
- Pages:
139-156
- DOI Address:
https://doi.org/10.15804/ppk.2013.02.07
- PDF:
ppk/14/ppk1407.pdf
Principle of supremacy of the European law in the view of the Lisbon Treaty
The purpose of this article is an attempt to analyze whether and what changes made admission of the Lisbon Treaty in meaning and usage the principle of Supremacy of the European Law. It is one of the most controversial issues in European Law and it’s being subject of numerous discussions and disputes for few decades. Article encloses how the principle of Supremacy of the European Law was expressed in the Lisbon Treaty and notes of the „deconstitutionalisation” process that appeared after fall the Treaty establishing a Constitution for Europe. In this article the author also discussed the Declaration No 17 attached to the Lisbon Treaty and its meaning for establishment the principle of Supremacy of the European Law. The author also analyzed the previous jurispru dence of constitutional courts in EU member states, included the Polish Constitutional Tribunal, related to the principle of Supremacy of the European Law.
- Author:
Agnieszka Bień-Kacała
- E-mail:
agnieszka.bien-kacala@usz.edu.pl
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0002-9559-3130
- Year of publication:
2024
- Source:
Show
- Pages:
165-180
- DOI Address:
https://doi.org/10.15804/ppk.2024.05.12
- PDF:
ppk/81/ppk8112.pdf
Confrontational Stance of the Jurisprudence of the Polish and Romanian Constitutional Courts Towards the Primacy of the EU Law
The paper discusses the problem of confrontational stance within the jurisprudence of the Polish and Romanian constitutional courts concerning the primacy of the European Union law. Initially, these courts developed the EU-friendly interpretation of their constitutions. They also indicated the scope of the constitutional identity of the respective states based on general constitutional provisions in Poland and on unamendable provisions in Romania. Both courts questioned this kind of interpretation in 2021. The paper compares the CT and CC judgments, determining the scope of disagreement between constitutional courts and the European Union bodies, especially the CJEU. The problems to be compared were determined according to the rules adopted for comparative law and the comparative research method. The conclusion indicates that the political decisions of the legislative and executive authorities may disregard the confrontational stance of constitutional court jurisprudences.