Relacje między Konstytucją a aktami prawa Unii Europejskiej w orzeczeniach polskiego Trybunału Konstytucyjnego i Sądu Konstytucyjnego Republiki Litewskiej (20 lat doświadczeń orzeczniczych: 2004-2024)

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Collection:
Mokslo publikacijos / Scientific publications
Document Type:
Straipsnis / Article
Language:
Lenkų kalba / Polish
Title:
Relacje między Konstytucją a aktami prawa Unii Europejskiej w orzeczeniach polskiego Trybunału Konstytucyjnego i Sądu Konstytucyjnego Republiki Litewskiej (20 lat doświadczeń orzeczniczych: 2004-2024)
Alternative Title:
Relationship between the Constitution and the European Union legal acts in jurisprudence of the Constitutional Tribunal of Poland and the Constitutional Court of Lithuania (20 years of judicial experience: 2004-2024)
In the Journal:
Miscellanea Historico-Iuridica [MHI], 2024, t. 23, z. 2, p. 251-275
Summary / Abstract:

ENThee binding constitutions of both, the Republic of Lithuania of October 25, 1992 and the Constitution of the Republic of Poland of April 2, 1997, were developed and afterwards approved in respective national referendum before Lithuania and Poland joined the European Union on May 1, 2004. Immediately after accession, the issue of relationship between constitutional provisions in Lithuania and Poland and the acts of EU laws, their direct application and possible priority in the event of a conflict with statutory regulations and the other act of national law became the sphere which required diligent and univocal decisions. This concerned, in particular, the issue of the direct validity and application of the acts of EU law and the priority of their application when confronted with incompatible norms of Lithuanian and Polish national law. Neither the constitution of Lithuania nor the Constitution of Poland provides detailed rules on these matters. The Constitution of Poland only formulates a general principle, included in Art. 91(1). It allows for the direct application of legal acts adopted by the bodies of an international organization and the assignments constituting a given organization, ratified by the Republic of Poland. There is no such directive in the Lithuanian Constitution of 1992. Due to the characterized situation, both the Lithuanian and Polish constitutional courts were forced to give answers to the indicated question against the background of the specific cases examined by them. The decisions of each of the compared constitutional courts were formulated in the context of cases brought before the Lithuanian and Polish constitutional courts.The carried out analysis, while generally converging on the direction of adjudication, indicates a certain diversification of legal conditions and tenor of specific judgements, as well as non-uniformity of the evolution of jurisprudence over the 20 years covered by the comparison. Presentation and comparison of the mentioned constitutional-legal conditions of adjudication in cases of conflicts between the Lithuanian and the Polish national law and the law of the European Union, mainly: acts of law established by the bodies of the Union, are the aim of the carried out considerations. Keywords: constitution, Constitutional Court of the Lithuania Republic, Constitutional Tribunal of Poland, European Union, EU laws, implementation of EU law acts, statutes, treaty of accession.

DOI:
10.15290/mhi.2024.23.02.10
ISSN:
1732-9132; 2719-9991
Subject:
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https://www.lituanistika.lt/content/114995
Updated:
2025-08-04 09:30:57
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