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Poland : constitutional tribunal judgment K 3/21 - a continued assault on the integrity of the EU legal order
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0033-3565
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Public law, 2022, pp. 344-347
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POLAŃSKI, Oskar, Poland : constitutional tribunal judgment K 3/21 - a continued assault on the integrity of the EU legal order, Public law, 2022, pp. 344-347 - https://hdl.handle.net/1814/74344
Abstract
In 2021, in response to increased pressure from the EU for its continuous assault on judicial independence, the Prawo i Sprawiedliwość (PiS) government decided to utilise its subordinated Constitutional Tribunal (CT) to immunise itself from EU scrutiny. In June the CT found Court of Justice (CJEU) interim relief orders regarding the organisation of national judicial systems to be ultra vires and non-binding in Poland. This, however, turned out to be insufficient and on 7 October the CT went further and challenged the compatibility with the Polish Constitution of some key treaty provisions, viz. arts 1, 2, 4(3) and 19 TEU, as interpreted by the CJEU. The ruling continues PiS’ assault on the integrity of the EU legal order and deserves inspection.