Battle of the Robes – the road towards the CJEU examining the independence of a constitutional court?

So far, the interplay between constitutional courts in EU member
States and the Court of Justice of the European Union has largely
been limited to a dialogue centred around the relationship between
domestic law and the EU legal system, specifically the question of the
supremacy of EU law. From Luxembourg’s point of view, the national
constitutional courts were sometimes obstacles in a metaphorical
sense, trying to reassert the domestic position vis-à-vis the EU – but
at the same time, being valid and constructive participants of the
dialogue. The saga of the 19 November 2019 CJEU judgment on the
independence of the Polish Supreme Court’s Disciplinary Chamber
could well end with just that, as the Polish Constitutional Court is now
on track to hand out a ruling that could block the implementation of
the CJEU’s decision, and perhaps no longer a valid participant of the