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Counter-limits doctrine in the jurisprudence of the Constitutional Tribunal (until 2015)

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Wróbel A.

Studia Prawnicze

2018

issue 3 (215)

7-35

The analysis herein, while mainly descriptive, presents the main foundations of the Constitutional Tribunal’s jurisprudence in matters of hierarchical control of the constitutionality of laws concerning the EU. It distinguishes some principles, concepts and constitutional theories which, according to the Constitutional Tribunal, set the limits of European integration. The main thesis of the paper is that, in this context, the basic and decisive rule is the supremacy of the Constitution, which does not have exceptions or limitations. A hypothesis was also formulated that the Solange II maxim does not reflect the actual state of European constitutionalism, in which the level of protection of fundamental rights is significantly increased while possible collisions between the level of protection of fundamental rights in the EU and the Member States should be solved by means of the clauses provided in Articles 51–54 of the EU Charter of Fundamental Rights.

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1 Studia Prawnicze

1 Wróbel A.

1 2018

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Counter-limits doctrine in the jurisprudence of the Constitutional Tribunal (until 2015)