THE POLISH CONSTITUTIONAL IDENTITY

被引：2

作者：

Safjan, M. A. R. E. K. ^{[1
]}

机构：

[1] Univ Varsovie, Droit Civil, Warsaw, Poland

来源：

REVISTA DE DERECHO COMUNITARIO EUROPEO | 2022年 / 72期

关键词：

Constitutional identity; primacy; rule of law; judicial independence; sovereignty;

D O I：

10.18042/cepc/rdce.72.02

中图分类号：

D81 [国际关系];

学科分类号：

030207 ;

摘要：

The ongoing debate in Poland regarding that country's sovereignty and its membership of the European Union has its roots in part in the period of transfor-mation that followed the fall of communism in 1989, drawing inspiration from the important role that the notion of constitutional sovereignty played into it. However, the notion of constitutional identity only emerged with Poland's accession to the EU in 2004. In this context, there is a significant difference between the first period of Polish constitutional case law concerning the membership of the EU and recent case law, marked by a supposed conflict at the level of constitutional orders. This last approach is not convincing but can only be questioned after the restoration of nor-mality in the Polish judicial institutions.

引用

页码：371 / 391

页数：21