Poland could become the iceberg for EU judicial supremacy

Published November 8, 2021 5:52pm ET



Resisting the European Court of Justice, the European Union’s supreme court, Poland has sparked resurgent judicial nationalism across the political bloc.

The situation centers on the Polish Supreme Court’s Oct. 7 ruling that Polish law is generally supreme over EU law. That ruling represents a fundamental rebuke to the EU’s political character — its aspiration to ultimate legal authority. The 2009 Treaty of Lisbon declares that “the Treaties and the law adopted by the [EU] on the basis of the Treaties have primacy over the law of Member States.”

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