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The judgment of the Constitutional Tribunal of 7th October 2021, K 3/21. The case study on declaring the unconstitutionality of UE Treaties Cover

The judgment of the Constitutional Tribunal of 7th October 2021, K 3/21. The case study on declaring the unconstitutionality of UE Treaties

Open Access
|Jul 2024

Abstract

The judgment of the Constitutional Tribunal of 7th October 2021 (K 3/21) represents the attitude of Polish authorities to the principle of priority of EU law. The constitutional court has developed the conception that this organ is entitled to check the conformity of EU law to Polish constitution and to adjudicate that a treaty is in contrary to the constitution. Indicated verdict is an example of these ideas. It seems that such a judgment would cause a set of very serious legal effects, for example changing the constitution or terminating an invalid international agreement. It means that the verdict generated very serious legal consequences or threats. Fortunately, the verdict has not been realized, and its consequences remain undone. It is the effect of contemporary position of Polish Tribunal and their explanation of the judgment. Mainstream lawyers scholars and academics treat this as a political statement of judges of the Tribunal.

Language: English
Page range: 271 - 280
Published on: Jul 10, 2024
Published by: Palacký University Olomouc
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2024 Marcin Dąbrowski, published by Palacký University Olomouc
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.