The intersection of national and European law - Assessing the conflict of laws, rules and the primacy of EU law in Poland

Abstract

The article explores the principle of the primacy of European Union law in the context of Polish law, analyzing its evolution, legal foundations, and its impact on the sovereignty of member states. It discusses the origins of the primacy principle, emphasizing the role of the case law of the Court of Justice of the European Union and the significance of the Treaty of Lisbon. The conflicts between EU law and the Polish Constitution are examined, with particular focus on rulings of the Polish Constitutional Tribunal, such as K 3/21 and P 7/20. The article highlights the challenges of implementing EU law within the Polish legal framework and the mechanisms for resolving disputes between the legal systems. In conclusion, it underscores that despite controversies over sovereignty limitations, the principle of EU law primacy is crucial for ensuring coherence, protecting citizens’ rights, and maintaining the effective functioning of the EU.