SELECTED EU JUDGMENTS BY CEE CONSTITUTIONAL COURTS: LESSONS ON HOW (NOT) TO AMEND CONSTITUTIONS?

摘要

Summary: The constitutions of the old and new Member States offer a wide range ofmodels in terms of their adjustment for EU membership, with a number of themcontaining minimal or even no references to the EU. This paper highlights theimportance of adequate amendments in light of selected recent judgments by the highestcourts in Poland, Estonia and Latvia, where judges have found themselves in the rathervexed situation of having to find pragmatic solutions to ensure the constitutionality oflegislation without jeopardising the supremacy of EC law. In this process, certainconstitutional provisions that conflict with EC/EU law appear to have been put on hold,prompting the question of whether a move towards greater ‘constitutionalamorphousness’ has tacitly been accepted by virtue of EU accession.