Polish Review of International and European Law, 2019
The paper addresses the issue of a judicial forum entitled to resolve conflicts between European ... more The paper addresses the issue of a judicial forum entitled to resolve conflicts between European Union law and national constitutional rules. First and foremost, the issue is discussed under the old primacy/supremacy of EU law controversy. The author seeks to answer whether the national law, including constitutional rules, of a Member State can be ineffective owing to being contradictory to EU law. If so, by whom can national laws be held ineffective? In other words, which of the two judicial fora (national and European) have the last word in these conflicts or who is the ultimate arbiter of the constitutionality of law within the European legal space? The author argues that legal reasoning should reconcile, on the one hand, the specificity of the EU’s unique legal order and effective application of its provisions and, on the other hand, the international legal status of the Member States and their constitutions. This approach leads to the conclusion that there is no ultimate judicial arbiter within the European legal space.
The Australian Year Book of International Law Online, 2022
James Crawford in his Hague general course on public international law discussed the problem of m... more James Crawford in his Hague general course on public international law discussed the problem of making international law by treaties under the Baxter paradox—“the more agreement, the less law”. Crawford concluded that the Baxter paradox is not so much an insoluble paradox as a valid reflection on the distinct attributes of treaties and custom—something to be embraced and not avoided. The essay seeks to readdress the relationship between treaties and custom taking into account the Baxter paradox and its critical examination by Crawford. It is also discussed in light of the complex problem of exploitation of outer space natural resources. The author supports the idea of formal sources as the most workable method of analyzing rules and principles of international law in practice. The primary aim of the article is to consider whether treaties can be seen, as most scholars claim, the formal source of international law. The author argues that they are not of that nature, since they are no...
Polish Review of International and European Law, 2020
The paper addresses the issue of a judicial forum entitled to resolve conflicts between European ... more The paper addresses the issue of a judicial forum entitled to resolve conflicts between European Union law and national constitutional rules. First and foremost, the issue is discussed under the old primacy/supremacy of EU law controversy. The author seeks to answer whether the national law, including constitutional rules, of a Member State can be ineffective owing to being contradictory to EU law. If so, by whom can national laws be held ineffective? In other words, which of the two judicial fora (national and European) have the last word in these conflicts or who is the ultimate arbiter of the constitutionality of law within the European legal space? The author argues that legal reasoning should reconcile, on the one hand, the specificity of the EU’s unique legal order and effective application of its provisions and, on the other hand, the international legal status of the Member States and their constitutions. This approach leads to the conclusion that there is no ultimate judici...
Polish Review of International and European Law, 2019
The paper addresses the issue of a judicial forum entitled to resolve conflicts between European ... more The paper addresses the issue of a judicial forum entitled to resolve conflicts between European Union law and national constitutional rules. First and foremost, the issue is discussed under the old primacy/supremacy of EU law controversy. The author seeks to answer whether the national law, including constitutional rules, of a Member State can be ineffective owing to being contradictory to EU law. If so, by whom can national laws be held ineffective? In other words, which of the two judicial fora (national and European) have the last word in these conflicts or who is the ultimate arbiter of the constitutionality of law within the European legal space? The author argues that legal reasoning should reconcile, on the one hand, the specificity of the EU’s unique legal order and effective application of its provisions and, on the other hand, the international legal status of the Member States and their constitutions. This approach leads to the conclusion that there is no ultimate judicial arbiter within the European legal space.
The Australian Year Book of International Law Online, 2022
James Crawford in his Hague general course on public international law discussed the problem of m... more James Crawford in his Hague general course on public international law discussed the problem of making international law by treaties under the Baxter paradox—“the more agreement, the less law”. Crawford concluded that the Baxter paradox is not so much an insoluble paradox as a valid reflection on the distinct attributes of treaties and custom—something to be embraced and not avoided. The essay seeks to readdress the relationship between treaties and custom taking into account the Baxter paradox and its critical examination by Crawford. It is also discussed in light of the complex problem of exploitation of outer space natural resources. The author supports the idea of formal sources as the most workable method of analyzing rules and principles of international law in practice. The primary aim of the article is to consider whether treaties can be seen, as most scholars claim, the formal source of international law. The author argues that they are not of that nature, since they are no...
Polish Review of International and European Law, 2020
The paper addresses the issue of a judicial forum entitled to resolve conflicts between European ... more The paper addresses the issue of a judicial forum entitled to resolve conflicts between European Union law and national constitutional rules. First and foremost, the issue is discussed under the old primacy/supremacy of EU law controversy. The author seeks to answer whether the national law, including constitutional rules, of a Member State can be ineffective owing to being contradictory to EU law. If so, by whom can national laws be held ineffective? In other words, which of the two judicial fora (national and European) have the last word in these conflicts or who is the ultimate arbiter of the constitutionality of law within the European legal space? The author argues that legal reasoning should reconcile, on the one hand, the specificity of the EU’s unique legal order and effective application of its provisions and, on the other hand, the international legal status of the Member States and their constitutions. This approach leads to the conclusion that there is no ultimate judici...
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