Poland’s Challenge to the Primacy of EU Law: Who is Right and Who is Wrong?

On October 7, 2021, Poland’s Constitutional Tribunal (the “Constitutional Court”) issued a ruling declaring that the country’s constitution (the “Constitution”) is a supreme law relative to certain interpretations of article 1 (first and second subparagraphs), article 2, article 4(3), and article 19(1) (second subparagraph) of the Treaty on European Union (the “TEU”).[1] A twelve-judge panel … Read more