Problem pierwszeństwa prawa Unii Europejskiej przed prawem krajowym – kilka uwag na tle orzecznictwa Trybunału Konstytucyjnego
The Primacy of European Union Law over National Legislation: Notes Exemplified by the Case Law of the Polish Constitutional Court

Summary/Abstract: This article aims at analysing the views of the Constitutional Court as regards the principles of the primacy, direct effect and direct applicability of EU law. It focuses, in particular, on the primacy of EU law over national legislation. In the case law and doctrine of EU law, the principle in question is hardly questioned yet the views of the Constitutional Court are not that unambiguous, particularly in terms of the relations between EU law and the Polish Constitution. In this case, the primacy of the Constitution seems to prevail, at least when it comes to fundamental freedoms and rights of individuals as well as the key principles of the state system. The Constitutional Court links its approach to the principle of state sovereignty.

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