A major constitutional crisis is currently brewing in the European Union (EU). The cause of the crisis is the recent decision by the Polish Constitutional Court that some European laws and decisions of the Court of Justice of the European Union (ECJ) conflict with Poland’s constitution. Therefore, the court has considered whether Polish membership in…
Is it Time to Rethink ‘Supremacy’ of EU Law Over Member States?
October 18, 2021
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Poland’s Top Court Rules Some EU Laws Are Unconstitutional
The Polish Constitutional Tribunal ruled on Oct. 7 that some of the European Union’s (EU) laws conflict with the country’s constitution and that national laws will have supremacy over those of the EU in areas where they clash. The decision of the tribunal was filed on a motion by Polish Prime Minister Mateusz Morawiecki, who…
Polish Court Rules Some EU Law Is Unconstitutional, Deepening Dispute
WARSAW—Poland’s highest court ruled on Thursday that some parts of EU treaties are incompatible with the Polish constitution, challenging a pillar of European integration and sharply escalating a dispute between Brussels and Warsaw. The European Commission said the ruling raised serious concerns about the primacy of EU law, setting it on a full collision course…
EU Court Adviser Says Nord Stream 2 Can Challenge EU Rules
October 7, 2021
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BERLIN—Swiss-based Nord Stream 2 AG is entitled to challenge EU gas rules, an adviser to the EU’s top court said on Wednesday, saying that the court should annul last year’s ruling against the pipeline operator. The finding, if confirmed by the Court of Justice of the European Union (CJEU), would give Nord Stream 2, a…
Austrian Activist Schrems’ Facebook Complaint Referred to EU Court
July 20, 2021
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BERLIN—Austria’s Supreme Court has questioned the legal basis on which Facebook collects user data and referred key issues for a ruling by Europe’s top court, after awarding symbolic damages to activist Max Schrems in his privacy case against the company. In a 34-page ruling, the Austrian court accepted the request from Schrems, who has waged…
Polish Ruling on Primacy of EU Law May Worsen Row With Brussels
WARSAW—A top Polish court will rule on Tuesday on whether the country’s constitution or European Union treaties take precedence, the first of two rulings this week that could bring Warsaw’s conflict with Brussels over the rule of law to a head. Warsaw aims to hit back at what it says is unjustified interference in its…
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