Sul sindacato «ultra vires» nell’asse Varsavia-Berlino- Bruxelles alla luce della recente sentenza del Tribunale costituzionale polacco

Abstract

On 'ultra vires' judicial review in the Warsaw-Berlin-Brussels axis in the light of the recent ruling of the Polish Constitutional Tribunal – This essay seeks to highlight the significant features of the operative part of judgment K3/21 of 7 October 2021 of the Polish Constitutional Tribunal and the reasons for the clash between the latter and the CJEU. The fundamental point of this brief work is the examination of the exercise of the «ultra vires» constitutional review as objected by the Polish judges aimed at affirming the primacy of the national constitution over the law of the European Union. This brief discussion also seeks to make a comparison with the decisions of the courts, the dialogue they have established and the conflicts that still prevail today: in particular, the recent decision of the German Constitutional Court of 5 May 2020 in the context of the PSPP, to which the ruling of the Polish Constitutional Court seems to be linked, at least from a political point of view, will be the subject of a comparative investigation. Finally, an attempt will be made to formulate conclusions on the legitimacy (or not) of the ultra vires review and on the real stakes between Warsaw, Berlin and Brussels, also for the future of the legal framework of the European Union.