On 7 October, the Polish Constitutional Tribunal delivered K 3/21. This is the latest dramatic volta in the values crisis between the PiS government and the EU. The oral delivery of the judgment has been shrouded in controversy. On the substance, the Tribunal found that Article 1 TEU, Article 4(3) TEU on sincere co-operation, and Article 19 TEU on effective legal protection are incompatible with the Polish constitution insofar as the Court of Justice of the EU uses these provisions to address national judicial independence. In terms of form, the legitimacy of the Tribunal as a court "established by law" has been questioned due to a disputed appointment procedure and adverse judgments of the CJEU and the European Court of Human Rights.
This roundtable organized by CEU Democracy Institute's Review of Democracy brought together experts in the Rule of Law in the EU to debate whether the judgment throws European integration into question.
Participants:
Antonia Baraggia (Assistant Professor of Comparative Law, University of Milan)
Barbara Grabowska-Moroz (Postdoctoral Research Fellow, CEU Democracy Institute)
Christophe Hillion (Professor, Department of Public and International Law, University of Oslo)
Michał Krajewski (Postdoctoral Research Fellow, University of Copenhagen)
Opening remarks:
Dimitry Kochenov (Professor, CEU Department of Legal Studies; lead researcher, Rule of Law Workgroup, CEU Democracy Institute)
Moderator:
Oliver Garner (Maurice Wohl Research Fellow in European Rule of Law, Bingham Centre; Editor, Review of Democracy)
Learn more:
www.ceu.edu
democracyinstitute.ceu.edu
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