Perception of national identity by Polish Constitutional Tribunal — analysis of judgement from 7 October 2021, signature K 3/21

Abstract

On 7 October 2021, Polish Constitutional Tribunal (hereinafter: TK, Tribunal) pronounced a judgement with reference number K 3/21, which subject was the examination of compliance with the Constitution of the Republic of Poland selected provisions of the Treaty on European Union. The Prime Minister requested to examine article 1 first paragraph in conjunction with Article 4 sec. 3 TEU, Article 19 sec. 1 second paragraph in conjunction with Article 2 TEU. The research aimed to indicate the understanding of the principle of respecting national identity expressed in Article 4 sec. 2 TEU by doctrine and to collate them to the grounds of the judgement of the Polish Constitutional Tribunal. As a result of an analysis, errors in the reasoning concerning the obligation of respecting national identity were demonstrated.