Legal Acts of the European Union as the Object of the Constitutional Complaint: Racio Decidendi of the Constitutional Tribunal of the Republic of Poland

The article is devoted to the issue of constitutional control of legal acts of the European Union as for their compliance with the Constitution. Court of Justice of the European Union insists on the absolute scope of the supremacy principle in spite of the hierarchy of national legal norms. According to Art. 263 of the Treaty on the Functioning of the European Union it is the Court of Justice of the European Union who shall review the legality of acts adopted by the institutions of the European Union. This provision has been detailed in the Court’s case-law. For example, in Foto-Frost the Court clarified that national courts are not empowered to declare European Union’s legal act void. For the first time in the judicial practice of the member states’ constitutional courts, this sensible issue was tackled by the Constitutional Tribunal of Poland in 2011. The compliance of regulation with the Constitution had been questioned. The Tribunal upheld that such an examination is admissible in a way of a constitutional complaint. Judges differentiated the competence of the Constitutional Tribunal from the competence of the Court of Justice. The Tribunal said that in case of conflict between the European Union’s legal act and Constitution of Poland the provisions of the latter must be applied. Constitutional Tribunal proclaimed the priority of national constitutional rights over the European Union law in Polish legal order.