January 23
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9th November 2021
Human Rights Institutional law Justice & Litigation

Op-Ed: “The judgment of the Polish Constitutional Tribunal in case K 3/21: What can the Member States do to shield the EU values?” by Federico Casolari

This contribution is part of the EU Law Live Symposium on the primacy of EU law and the implications of the Polish Constitutional Court's Decision in case K 3/21. See also the Op-Eds by René Repasi, Jeffery Atik and Xavier Groussot, David Krappitz and Niels Kirst, Paul Craig, Dimitry Kochenov, Christophe Hillion, Justin Lindeboom, Araceli Turmo, Ulla Neergaard and Karsten Engsig Sørensen, and Dániel Dózsa and Marcin J. Menkes.

Whilst the judgment of the Polish Constitutional Tribunal in case K 3/21 does not represent the first decision adopted by a Member State’s supreme court on the basis of the ultra vires argument, it constitutes terra incognita in terms of EU law. The judgment casts shadow over bo

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