Losing precedence

François Valentin and Jorge González-Gallarza | 25th November 2021 | Magazine, Uncategorised
maksym-harbar-okn8ZIjPMxI-unsplash

The ECJ is losing out in Poland and beyond. Is the primacy of EU law ebbing away?

From abortion to the appointment of judges, the number of topics that the current Polish government and Brussels are agreeing on is dwindling. Tensions are, unsurprisingly, rising. The Polish Constitutional Tribunal’s K 3/21 decision earlier this month yanked up the emotional pressure. Why? The Polish Court essentially deemed three articles (1, 2 and 19 - all referring to the European Court of Justice) to be unconstitutional, thereby rejecting the principle of the primacy of EU law. Precedential history The primacy of EU law is he notion that EU law takes precedence over that of member states. Although it is now seen as a major organ of the nature of the Union, it was not explicitly enshrined in 1957's founding treaty. Only seven years after this did the ECJ rule that its treaties had created a new legal system in which national courts were bound to respect EU law. The Court ruled that law could not vary between member states, without making the attendant obligations contingent. Member...

Subscribe to The Mace

Join the member community shaping British politics and stay ahead of what's really happening in the world of politics and public affairs, with expert analysis, breaking news, and insider insights from Westminster and Brussels. The Mace is the leading news source and resource for the government affairs industry, offering required reading and lobby intelligence for professionals.

To see what you are missing out on by not subscribing to The Mace, click here to download our full membership info-pack. This includes having no paywall on op-ed content or profiles/interviews, allowing professional profiles to be read with maximum impact and visibility by government, special advisers, MPs, peers, civil servants, and policy and political decision-makers.



They’ll do it Allison’s Way

Mace | January 31, 2020

Allison Pearson hosts a dinner for the bravest pro-Leave writers

A Bit of Sly and Laurie

Mace | January 31, 2020

Hugh Laurie on what Dickens would have made of Brexit

The Clown Prince Ascends to his Throne

Mace | January 29, 2020

There’s plenty of egg-on-face - or just embarrassed silence - for the many pundit hacks, often former Tory colleagues of Boris, who wrote him off as a priapic

Meet the Class of 2019

Mace | January 28, 2020

George Peel surveys the best of the new crop and finds much to celebrate in all the parties

The Lesson of Munich

Tim Congdon | January 28, 2020

The Establishment has been wrong before, notes Tim Congdon. Is it so crazy, he asks, to think that it might be wrong again?

Heads of State

Christopher Jackson | January 28, 2020

Christopher Jackson meets the Harley Street surgeon whose busts of world leaders are winning him friends in high places.

Pepys: The Rotten Racket of Party Selection

Pepys | January 28, 2020

How much longer can CCHQ’s hypocritical attitude towards public schools last?

Long Table: Lord Butler on the Ship of State

Lord Robin Butler | January 28, 2020

The former cabinet secretary, now a Lords crossbencher, describes his life as a peer and the differing demands of serving under five prime ministers.

The Spike: Henry Deedes’s Waspish Wit

Benjamin Goodwin | January 26, 2020

In our series on lobby journalists, Benjamin Goodwin meets the Daily Mail’s latest Boz .

Stranger’s: Parliamentary Assistant

Sophie Stowers | January 26, 2020

Life as an MP's aide is a dream job - but not when it means dealing with everyday sexism. Parliament's workplace culture needs to change, says Sophie Stowers