Polish challenge – the principle of primacy in EU law and the practice of the constitutional courts of the Member States

Abstract

The principle of primacy (superiority) of EU law in relation to national norms represents, along with the principle of direct effect, one of the main principles of the legal system of the European Union, which has been developed in the practice of the Court of Justice of the European Union. Applying this principle ensures legal compliance and balanced application of law in all European Union states. The article examines the issue of the application of the principle of primacy in the practice of the constitutional courts of some member states, especially the Constitutional Court of Germany and the Constitutional Court of Poland. In the conclusion of the article, it is emphasized that the trends in the legal practice of constitutional courts are going towards increased relativization of the issue of the application of the principle of primacy. In fact, more and more constitutional courts of the member states condition the application of EU law on its compliance with the basic principles of national constitutions. This is particularly drastic in the recent ruling of the Constitutional Court of Poland, which virtually rejected the principle of primacy and declared it unconstitutional. This ruling in a broader sense calls into question the functioning and coherence of the entire EU legal system, including the issue of the rule of law.