Europeizacja Konstytucji Rzeczypospolitej Polskiej
Europeanisation of the Constitution of the Republic of Poland
Author(s): Tomasz SłomkaSubject(s): Constitutional Law, History of European Union, EU-Legislation
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: European Union; Poland; Constitution; Europeanisation; political system;
Summary/Abstract: The article addresses the issue of the Europeanisation of the Constitution of the Republic of Poland, understood as the adoption by the constitutions of EU Member States of values and principles specific to a democratic community. The article identifies the mechanisms of Europeanisation of the Polish Constitution and defines the constitutional foundations of the Polish state in the context of EU membership. The article is based primarily on a systemic method, which makes it possible to identify the characteristics of the Polish constitutional subsystem within the EU system, and on a decision-making method, which makes it possible to determine the foundations of the Europeanisation of the Polish constitutional system. The results of the analysis confirm that the Polish political system has adopted all the constitutional standards considered as fundamental in the EU, and that the Europeanisation of the Polish Constitution sensu stricto is sufficient for Poland's effective membership in the EU, despite the lack of a number of detailed regulations in this regard. For most of the time that the Constitution has been in force, it has been interpreted in a pro-EU manner. In a situation, where the principles of liberal democracy are being questioned, the Polish Constitution seems to be losing its protective power. However, this is not so much due to the weakness of its solutions, but to the practice of its implementation and factors of a political and legal nature. Therefore, the success of any attempts to amend the Constitution will be of great importance for the continued functioning of the Polish Constitution.
Journal: Przegląd Europejski
- Issue Year: 2025
- Issue No: 3
- Page Range: 193-204
- Page Count: 12
- Language: Polish
