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Palestra 5-2020

Should the consequence of the judgment of the Court of Justice of the European Union of 19.11.2019 in joined cases C-585/18, C-624/18, C-625/18 in any way be a debate on the primacy of EU law over Polish law?

The CJEU ruling issued in the joined cases C-585/18, C-624/18, and C-625/18 (A.K. and others) concerned i.a. a question whether the newly-created Disciplinary Chamber of the Polish Supreme Court was an independent court or tribunal within the meaning of the EU law. Basing its judgement on the principle of effective judicial protection (Art. 19(1) TUE, Art. 47 CFR), the principle of sincere cooperation (Art. 4(3) TUE) and the principle of the primacy of EU law, the CJEU examined the criteria that have to be met by any EU court. Following this ruling, a public debate over the relation between the EU and the national law has been renewed in Poland – concerning particularly the principle of the primacy of EU law, challenged by the principle of the primacy of the Polish Constitution acknowledged in the national law. This article argues that the provisions of EU law, brought up by the CJEU in the abovementioned ruling, do not interfere with any provisions of the Polish Constitution and thus the renewed debate over the given topic was futile. Indeed, the values stipulated in Art. 2 TUE, Art. 19(1) TUE or Art. 47 CFR, are common to the EU and the Member States, so they need to be granted – irrespective of the principle of the primacy of the EU law, nor its interpretation.

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