Powojenny konsensus europejski na sali sądowej. Odkryty, podważony i ujawniony?
European Post-War Consensus in the Courtroom. Unearthed, Contested and Revealed?

Summary/Abstract: In recent years, the European Union has faced significant challenges and tensions regarding the rule of law. One of the key focal points of these problems has become Poland, where government actions have undermined the basic principles of liberal democracy. With these challenges, the European Union, the institutions and the member states were faced with the opportunity to reassess traditional assumptions about the law of integration. In our analysis, we argue that the ‘rule of law/value crisis’ in the European Union has created a crucial moment for the Court of Justice to expand and deepen its jurisprudential tradition. Since 2017, the Court of Justice, relying on the function conferred upon it by the European Union Treaties of safeguarding the authority of the “law” (Art. 19 of the Treaty on European Union), has been incrementally laying the foundations for a jurisprudential paradigm shift to defend the integrity of the European Union legal system, This analysis explores how the rule of law and the ‘value talk’ have permeated the practice and the case law of the Court of Justice and how they have affected the Court of Justice self-understanding of its role within the European Union’s legal order. Beyond immediate concerns, the analysis focuses on the underlying legal reasoning and themes shaping the Court of Justice decision-making process and explains how the case law has ordained and (re)defined the core values of the law of integration. We argue that the value discourse has expanded the reach of the law of integration beyond traditional principles such as supremacy and direct effect and has embraced the rule of law, separation of powers and judicial independence as both integral components of the European public space anchored in the „community of law and values” and the benchmarks for belonging to and identity of this community.

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