CREATION OF AN INTERGOVERNMENTAL SUBSIDIARITY COURT

The Polish Constitutional Tribunal’s ruling that several articles of the European treaties are incompatible with the Polish constitution has prompted much debate and challenges the European Court of Justice (ECJ).

Pro-Europeans see the Polish court’s challenge as an exceptional case which the European Union (EU) cannot ‘tolerate’ because it would lead to the ‘demolition of the EU’s legal order from within’ and argue the EU must take a tough approach to Poland by re-asserting the supremacy of EU law.