(На)враќање кон основите: Начелото на примат (супрематија) на правото на Европската Унија во светлото на актуелните случувања

Abstract

This article revisits the principle of primacy of European Union law as one of the fundamental legal principles which have enabled the process of European legal integration and upon which the legal order of the Union rests. The analysis aims to provide a fresh look at the principle of primacy, taking into account the latest developments in the European Union – most notably, the judgment of the Polish Constitutional Tribunal delivered on 7 October 2021, as one that strongly resonated within the European circles. The Polish Constitutional Tribunal’s judgment directly challenged the validity of the principle of primacy by declaring specific provisions of the Union Treaties to be incompatible with the Polish Constitution. Taking this into account, one could arguably claim that the uniform observance and application of the principle of primacy by the Member States is currently facing its most serious challenge to date. What are the legal implications resulting from this and similar such decisions delivered by the Member States’ constitutional courts, and to what extent do these have the potential to jeopardize the unity and the autonomy of the Union legal order?