POLISH AND GERMAN CONSTITUTIONAL JURISPRUDENCE ON MATTERS OF EUROPEAN COMMUNITY LAW: A COMPARISON OF THE CONSTITUTIONAL COURTS’ APPROACHES

Abstract

Germany and Poland are the two largest EU members in Central Europe. Although they are neighbouring countries, their historical situation and perspectives, and thus their expectations and motivations regarding EU membership, differ greatly. The two states’ legal systems, on the other hand, are largely similar. This article aims to compare how the two countries’ constitutional preconditions determine how their constitutional courts approach the integration of Community law. It also aims to point out similarities and differences between the courts’ approaches. Furthermore, it seeks to illuminate the difficult relationship between constitutional courts and the European Court of Justice and indicate possible ways of mitigating these theoretical and practical difficulties in the future