Nadrzędność Konstytucji RP względem prawa unijnego
Supremacy of the Constitution of the Republic of Poland in relations to EU law

Summary/Abstract: The relationship between constitutional law and EU law is the subject of study in a significant number of EU Member States. In Poland, the provisions of the Constitution, beginning with the preamble, through Articles 4, 8, 9 and the articles of Chapter III relate to the issue of the hierarchy of law, the validity of international law in the legal system, the scope of its validity and the matter of priority of application in the case of a conflict of norms. These provisions, and in particular Article 8 of the Constitution, establish the Constitution as the supreme law in the legal system. This position is supported by numerous judgements of the Constitutional Tribunal, which, from the very beginning of Poland’s membership in the structures of the European Union, have referred to the above issue. The Tribunal has established a consistent line of jurisprudence in presenting an unequivocal position on the supreme power of the Constitution. Importantly, rulings on the supremacy of the Polish Constitution over EU law were made during the terms of office of four different Presidents of the Constitutional Tribunal. Under the current state of the law, the Polish Constitution has supremacy over all other legal acts. The existence of any other possibility would have to be preceded by an amendment to its provisions, thus limiting its power. The present work is intended to clearly disclose the current state of the law.

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