The polish constitutional identity
DOI:
https://doi.org/10.18042/cepc/rdce.72.02Abstract
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 transformation
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 normality
in the Polish judicial institutions.
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