Zasada pierwszeństwa prawa Unii Europejskiej wczoraj i dziś

Abstract

The principle of the primacy of European Union law is one of the most important and, at the same time, the most controversial principles of this law. The jurisprudence of the Court of Justice pointing to the absolute primacy of EU law, even over national norms of constitutional character, is not unconditionally accepted by the Member States. They are challenged in particular by constitutional courts, which want to retain the status of a last word court, reserving the right to assess the constitutionality of EU law at least in terms of fundamental rights, acting within the limits of competences conferred in the Treaties and the protection of fundamental constitutional identity. Recently, there are more and more judgments of constitutional courts that refuse to apply EU law, and the allegations against the priority principle are often financial or political. Denying the principle of priority, which is an exception, as in the case of the Czech, German or Danish, in some cases, especially Poland, becomes a rule that allows, under the misuse of constitutional identity, to lower the standard of legal protection resulting from EU regulations.