Quartum datur? O suwerenizmie i konstytucyjnym obowiązku wykonania wyroków sądów międzynarodowych
Quartum datur? On Sovereignism and the Constitutional Obligation to Execute Judgments of International Courts

Summary/Abstract: In the historical judgment of May 11, 2005, on the Accession Treaty, the Constitutional Tribunal developed the well-known phrase regarding three scenarios concerning the situation of an irreconcilable contradiction between European Union law and the Constitution. The three available options are: a decision to amend the Constitution, an effort to amend the Treaties, or – ultimately – a decision to leave the European Union. Fifteen years later, during a hearing on the case of the unconstitutionality of TEU provisions, a representative of the Minister of Foreign Affairs stated: “The three scenarios known from Constitutional jurisprudence are not exclusive.” In this respect, the fourth option suggests the non-execution of an international court judgment and the continuation of dialogue. Is such a fourth solution acceptable?

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