ABSTRACT

The chapter considers the principles of primacy and direct effect of the EU provisions. The principle of direct effect is quite a rare doctrine in constitutional jurisprudence in comparison to the principle of primacy, which is of crucial significance for constitutional adjudication. The chapter presents the Polish Constitutional Court’s jurisprudence pre- and post-2016. The chapter covers such issues as the reception of the principles of primacy and direct effect by the CT, functions of these principles in constitutional law, and consequences of departure from the notion of these principles established in the CJEU case-law.