Limits to the Principle of Primacy of EU Law over the Constitution: Acquis Constitutionnel of Constitutional Tribunal of Poland

Abstract

Interaction between EU law and national law of the member-states is on the agenda of many constitutional courts within the European Union. The latest judgment concerning it was passed by Belgian Constitutional Court in 2016. The article is devoted to this issue in the Polish constitutional context. Namely, the aim of the article is to examine the argumentation of Polish Constitutional Tribunal setting limits to the principle of primacy of EU law over the Constitution. Landmark decisions of Polish Constitutional Tribunal concerning EU law have been analyzed. In its judgment of 11th of May 2005 on the validity of 2003 Accession Treaty Polish Constitutional Tribunal precisely stated that Constitution of Poland has absolute primacy within the Polish legal order. In this judgment as well as in judgment of 24th of November 2010 on the constitutionality of Lisbon Treaty judges limited the primacy of EU law over the Constitution. Such limits includes norms forming constitutional identity particularly rights and freedoms provided by the Constitution and exclusive competence that are not transferred to the EU. It is concluded that Polish Constitutional Tribunal like many other constitutional courts used counter limits doctrine in order to protect national constitutional identity.