Abstract. The judgment of the Polish Constitutional Tribunal of 7 October 2021 makes the problem of the relationship between European Union law and the internal law of the Member States as topical as ever.
Hence the interest in examining once again the jurisprudence of the Court of Justice, outlining the essential features of the European organization (sui generis character, not attributable to the classical schemes of international law, primacy of Community law), as well as the jurisprudence of the Supreme Courts of some Member States, stating the only possible counter-limit: respect for the supreme “identity” principles of the constitutional order of the State.
Such an excursus highlights the gravity of the Polish case and the need for the European Union to react to the drift underway in Poland towards the denial of the fundamental principles of the rule of law.
SUMMARY: 1. Introduction. – 2. The jurisprudence of the Court of Justice of the European Union. The sui generis character and the primacy of Community law. – 3. The jurisprudence of the Supreme Courts of some Member States. The limit of the supreme, “identity” principles. – 4. Concluding remarks. The difficult solution to the conflict.
To read the Reflection, click on “open file”.
Quest'opera è distribuita con Licenza Creative Commons Attribuzione - Non commerciale 4.0 Internazionale
