Op-Ed: “The Rule of Law, Breach and Consequence” by Paul Craig
This contribution is part of the EU Law Live Symposium on the primacy of EU law and the implications of the Polish Constitutional Court Decision in case K 3/21. See also the Op-Eds by René Repasi, Jeffery Atik and Xavier Groussot, David Krappitz and Niels Kirst, Dimitry Kochenov, Christophe Hillion, Justin Lindeboom, Federico Casolari, and Araceli Turmo.
The Decision of the Polish Constitutional Tribunal, K 3/21 of 7 October 2021, has already generated significant comment, which is unsurprising given the content, tenor and implications of the ruling.
We can begin by clearing the ground. The Constitutional Tribunal’s Decision throws down the gauntlet to the EU legal and political order in a mann