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 dialogue.