The Court of Justice of the European Union in the Case Law of the Polish Constitutional Court: The Current Breakdown in View of Polish Constitutional Jurisprudence Pre-2016
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2023
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Online Access: | https://link.springer.com/article/10.1007/s40803-022-00186-6 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9276 |
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oai:localhost:PNK-92762023-09-27T03:47:12Z The Court of Justice of the European Union in the Case Law of the Polish Constitutional Court: The Current Breakdown in View of Polish Constitutional Jurisprudence Pre-2016 Sołtys, Agnieszka ECJ Polish Constitutional Court in European CC-BY The current crisis in the relationship between the Polish Constitutional Court and the Court of Justice of the European Union (ECJ) is of crucial significance for the process of regional integration based on the values of liberal democracy taking place in the EU. The constitutional crisis in Poland that began in the end of 2015 has challenged the systemic position of the Polish Constitutional Court. It resulted in a new model of constitutional adjudication, and in this new model the Constitutional Court, stripped of its counter-majoritarian power, cannot be perceived as the guardian of liberal democracy. This article postulates that the assessment of the present case law of the Polish Constitutional Court in European matters is made through the prism of the Constitutional Court’s jurisprudence pre-2016 (i.e. before the constitutional crisis). 2023-09-27T03:45:06Z 2023-09-27T03:45:06Z 2023 Book https://link.springer.com/article/10.1007/s40803-022-00186-6 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9276 en application/pdf Springer |
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ECJ Polish Constitutional Court in European |
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ECJ Polish Constitutional Court in European Sołtys, Agnieszka The Court of Justice of the European Union in the Case Law of the Polish Constitutional Court: The Current Breakdown in View of Polish Constitutional Jurisprudence Pre-2016 |
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CC-BY |
format |
Book |
author |
Sołtys, Agnieszka |
author_facet |
Sołtys, Agnieszka |
author_sort |
Sołtys, Agnieszka |
title |
The Court of Justice of the European Union in the Case Law of the Polish Constitutional Court: The Current Breakdown in View of Polish Constitutional Jurisprudence Pre-2016 |
title_short |
The Court of Justice of the European Union in the Case Law of the Polish Constitutional Court: The Current Breakdown in View of Polish Constitutional Jurisprudence Pre-2016 |
title_full |
The Court of Justice of the European Union in the Case Law of the Polish Constitutional Court: The Current Breakdown in View of Polish Constitutional Jurisprudence Pre-2016 |
title_fullStr |
The Court of Justice of the European Union in the Case Law of the Polish Constitutional Court: The Current Breakdown in View of Polish Constitutional Jurisprudence Pre-2016 |
title_full_unstemmed |
The Court of Justice of the European Union in the Case Law of the Polish Constitutional Court: The Current Breakdown in View of Polish Constitutional Jurisprudence Pre-2016 |
title_sort |
court of justice of the european union in the case law of the polish constitutional court: the current breakdown in view of polish constitutional jurisprudence pre-2016 |
publisher |
Springer |
publishDate |
2023 |
url |
https://link.springer.com/article/10.1007/s40803-022-00186-6 https://dlib.phenikaa-uni.edu.vn/handle/PNK/9276 |
_version_ |
1779307168451788800 |
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8.891145 |