Agnieszka Bien-Kacala

How to unfriend the EU in Poland The rise and fall of EU-friendly interpretation of the 1997 Constitution

  • Abstract

Informations and abstract

Keywords: illiberal constitutionalism, Poland, European Union, constitutional identity, sovereignty.

The author describes the development of the interpretation of the 1997 Polish Constitution delivered by the Constitutional Tribunal in regard to EU law. The author’s claim is that the Polish CT has gradually changed its attitude towards the EU. Developed before the illiberal turn in 2015, the EU-friendly interpretation of the Polish Constitution has been reversed and transformed into an EU-unfriendly interpretation. Sovereignty and constitutional identity arguments were used for both approaches. However, the illiberal CT has stuffed them with a different meaning. In the author’s opinion, with the CT judgments on the EU Treaty and the ECHR, Poland has hit the wall and is loudly knocking on the door of authoritarianism. The conclusion is that it is not yet certain if the Polish rulers will open this door

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