The Lighthouse of EU Law Shines on the Polish Constitutional Tribunal - Neutralising its Obstruction, Substituting its Function, Supporting the Transition

Abstract

Last week, legal scholars from all over the world met in Freiburg at the ConTrans conference. On the one end of the spectrum, scholars like Woijcech Sadurski advocated for a revolutionary approach, simply dismantling the current Tribunal and re-building it from scratch. On the other end stands Adam Bodnar, who stressed the importance of legality in the transition process. In my view, EU law shines a possible way ahead – it can justify disregarding the Tribunal’s decisions and empower ordinary courts to assume the Tribunal’s jurisdiction. Eventually, this would lead to a decentralised constitutional review.

Keywords

• EU
• EU
• Poland
• Polen
• Polish Constitutional Tribunal
• Rule of Law