“The Polish and other Constitutional Courts in context – constitutional identity as a poisoned chalice?” Online Webinar
Monday, 13 December 2021, Time: 10am - 11.30am (GMT)
The Polish, German and Italian Constitutional Courts in Comparison – constitutional identity as a poisoned chalice? The Polish Constitutional Court’s ruling of 7 October 2021 (K 3/21), stating that Article 19 (1) TEU itself conflicts with the Polish constitution, continues to elicit academic and political comment. The ruling partially emulates doctrine pursued by the German Constitutional Court, which refused to accept a ruling by the Court of Justice of the European Union in May 2020. This was but one national constitutional court indicating that a disjuncture between national constitutional courts and the primacy/supremacy of EU law is not new at all.
An agricultural allegory comes to mind: have other constitutional court prepared the soil in which the poisoned plant sown by the Polish court could flourish? The explicit acclaim to “national constitutional identity” in the Treaty of Lisbon has strengthened the argument of those who wish to draw a line if and when EU law’s primacy extends to national constitutions or their central values. Is accepting constitutional identity of nation states necessarily the end of integration through law? Can legal pluralism be overcome by constructive collaboration?
This webinar offers a comparative assessment of the jurisprudence of the German, Italian and Polish constitutional courts as case studies in order to start a debate on this overarching question.