Did the Polish Constitutional Tribunal Call
into Question the Principle of Primacy
of the EU Law over the Polish Law?
In the judgment as of 13th October 2010 in the case ref. No. Kp 1/09 the Tribunal
ruled whether a provision of the Polish Law on Organization of Fishery Market
empowering the Polish government to issue the regulation was consistent with
the Constitution. The regulation issued by the government was in fact an act of
implementation of the European Regulation No. 1224/09 which minutely regulated
the fishery market. Therefore questioning the Polish law could mean calling
into question the European law. The author claims the Tribunal ruling on the
non-consistency of the above mentioned regulation with the Polish Constitution
in fact has not changed anything in the up to now elaborated principle. It says, the
last word about the conformity of the European law with the Polish Constitution
belongs to the Polish Constitutional Tribunal. Apart from it the author claims,
unlike the Tribunal, that issuing the regulation by the government referring to
the European Regulation is acceptable.

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17-2013 Czapliński.pdf

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