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2009 | 4(93) | 177-192

Article title

THE COSTITUTIONAL TRIBUNAL IN THE EUROPEAN CONSTITUTIONAL SYSTEM (Trybunal Konstytucyjny w europejskim systemie konstytucyjnym)

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APoland's accession to the European Union has not only considerably changed the system of sources of law, but also exerts influence on the position of the Constitutional Tribunal in the Polish and European constitutional systems. An analysis of the provisions of the constitution leads to reinterpretation of the principle of primacy of the constitution and to the limitation of the scope of its application. The Tribunal safeguards the constitution which slowly and gradually loses its former significance. The powers of the Constitutional Tribunal to review EU law are limited. First of all, it may examine constitutionality of the national laws implementing EU law, as well as constitutionality of treaties that make up European primary legislation. Review of secondary legislation is possible in case of a constitutional complaint. The Constitutional Tribunal has also limited powers to examine conformity of Polish law with EU law. The main burden of responsibility for eliminating hierarchy contradictions from the legal system will gradually fall upon courts. In that context, it may be expected that after Poland's accession to the European Union the emanation of Polish constitution within the legal system will be lowered to the benefit of the EU law. In the context of the European integration, the Constitutional Tribunal may perform new constitutional-law functions: on the one hand, of a body adopting Polish constitution (by way of a more or less creative interpretation) to the needs of European integration and, on the other hand, of a body declaring, in exceptional circumstances, the existence of a threat to, or a violation of, the fundamental constitutional values and inducing the supreme Polish political organs, and the EU organs, to take actions aimed at elimination of such treats or violations.





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  • Krzysztof Wojtyczek, Uniwersytet Jagiellonski, Wydzial Prawa i Administracji, ul. Bracka 12, 31-005 Kraków, Poland


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