Virtual breakfast: The contested ECJ: British, German and Polish challenges to the EU legal order

What do the recent challenges to the ECJ from the UK, Germany and Poland mean for its role in the EU legal order?

Research event, Panel
10 November 2021 — 8:30AM TO 9:30AM

In October, the Polish Constitutional Tribunal ruled that several articles of the European Treaties were incompatible with the Polish constitution. The ruling was seen by many as an existential threat to the EU’s legal order and in particular to the role of the European Court of Justice as the arbiter of that order. The ruling by the German Constitutional Court last year on the European Central Bank’s quantitative easing programme was also seen by some as a threat to the EU – in part because it might embolden Poland. Meanwhile, of course, the UK is fighting its own battle with the EU about the role of the ECJ in the Northern Ireland Protocol. This event will discuss the following topics: 

  • How are these various challenges to the ECJ related (if at all)?
  • How has the EU’s legal order evolved, and how can we understand the complex the relationship between EU and member state law? 
  • How should the EU respond to Poland and the UK, and how can the standoffs over EU law be resolved?


Chair: Hans Kundnani, Director, Europe Programme, Chatham House

Eleanor Sharpston QC, Committee Member, Aarhus Convention Compliance Committee

Piotr Buras, Head of Warsaw Office, European Council on Foreign Relations

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