Published On: Mon, Oct 18th, 2021
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Is it Time to Rethink ‘Supremacy’ of EU Law Over Member States?on October 19, 2021 at 12:59 am

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A major constitutional crisis is currently brewing in the European Union (EU). The cause of the crisis is the recent decision by the Polish Constitutional Court that some European laws and decisions of the Court of Justice of the European Union (ECJ) conflict with Poland’s constitution. Therefore, the court has considered whether Polish membership in the EU necessarily results in the supremacy of European law whenever there is a perceived or actual conflict with national law. Specifically, the Polish court decided that articles 1 and 19 of the Treaty on European Union (TEU) diminish Polish sovereignty. Article 1 of the TEU stipulates that the Member States “confer competences” on the EU “to attain objectives they have in common.” While Article 19 establishes that the ECJ “shall ensure that in the interpretation and application of the treaties, the law is observed.” The Polish Constitutional Court decided that the TEU and its associated treaty …

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