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

Abstract The current crisis in the relationship between Polish Constitutional Court and of Justice European Union (ECJ) is crucial significance for process regional integration based on values liberal democracy taking place EU. constitutional Poland that began end 2015 has challenged systemic position Court. It resulted a new model adjudication, this Court, stripped its counter-majoritarian power, cannot be perceived as guardian democracy. This article postulates assessment present case law matters made through prism Court’s jurisprudence pre-2016 (i.e. before crisis). Based assumption, reversal concerning ECJ analysed assessed. argued root cause departure from principles which are foundational—in light assumptions process—for axiological identity EU Member States. also shows how concepts developed could have served to avoid conflict with ECJ, those notions misused