European Union member states often differ when it comes to their understanding and approach to EU law, with some recognizing its superiority over domestic laws and others who don’t.
The issue is pertinent when it comes to Poland’s choice to pursue judicial reform. The relationship between European law, its institutions, and the law of member states is not the static hierarchy that some lawyers would like it to be, but it is instead a dynamic relationship that sometimes leads to major conflicts.
Often with Poland’s disagreements with the EU, there is a misconception that if we reject what the EU says, it could jeopardize our future in the Union. This has led to worries that the current conflict Polish government has with European institutions concerning the judiciary will lead to a “Polexit.”
“Polexit” is in quotation marks because in reality it is more an emotional talking point, and despite the concerns that are often tied to the judicial reform process, it does not mean that this unimaginable scenario will actually become reality.
As an emotional term – but presented by some legal authorities as reality – “Polexit” is based on the assumption that one does not debate European law and does not enter into conflict with it. The figures promoting this viewpoint see European law as a higher order of law which member states must always be subject to.
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