La collisione insanabile tra diritto europeo primario e diritto costituzionale interno come prodotto della manomissione ermeneutica di quest’ultimo

Abstract

The unavoidable collision between primary European law and internal constitutional law as a product of an hermeneutic tamper of the latter – There is an argument which allows to put in doubt the alleged incompatibility between EU law and Polish constitutional law, as it seems to have appeared following CJEU Judgment, C-791/19, and Decision in case K 3/21 by the captured Polish Constitutional Tribunal (which in turn is the response to another CJEU decision, in case A.B.). Contrary to the official judicial or governmental opinion, endorsed by authors who for some reason surrendered to the new illiberal course (and storytelling) in some EU countries, nothing basically appears to have changed in the Court’s case-law guideline, or in the system of values it professes, apart from the new challenges the Court itself is called to take up. Instead, one or two clues of overruling have taken place in domestic judicial decisions – in strictly understood rule of law matters –, and they might well explain why the self-proclaimed long-term continuity in internal jurisprudence, concerning the relationship between national and EU law, is nothing but appearance.