K 3/21 of 7 October 2021 of the Trybunał Konstytucyjny: the inauspicious outcome of two crises whose developments have yet to be defined?

Authors

  • Nicola Maffei

DOI:

https://doi.org/10.6093/2421-0528/9025

Keywords:

Polish Constitutional Tribunal, Primacy of European Union law, crisis, Constitutional Democracy

Abstract

The present essay aims to read the ruling K 3/21 of the Polish Constitutional Tribunal that took place on 7 October 2021 as the inclement outcome of the sharpening and simultaneous intersection in recent years of two different crises: the crisis of constitutional democracy in Poland and the crisis of the European integration process. The jurisdictionalisation before the Trybunał Konstytucyjny of the confrontation between Brussels and Warsaw shows, in fact, how the efforts made by the EU institutions in the face of the violations of the rule of law carried out since 2015 by the Polish PiS-led Government, in particular in terms of reforms of the judicial system, have not served to avoid a frontal clash, consumed with the aforementioned pronunciation, which seems to cast significant shadows, on the one hand, on the democratic future of Poland and, on the other and consequently, on the path of integration of the European Union itself.

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Published

2022-02-25

How to Cite

Maffei, N. (2022). K 3/21 of 7 October 2021 of the Trybunał Konstytucyjny: the inauspicious outcome of two crises whose developments have yet to be defined?. Diritto Pubblico Europeo. Rassegna on-Line, 17(1). https://doi.org/10.6093/2421-0528/9025