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

In: European Studies: the review of European law, economics and politics, Band 10, Heft 2, S. 271-280

Open Access

Abstract

Summary
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.