The direct application of constitutional provisions by Polish and Hungarian highest courts: The question of judicial resistance and submission

The paper is focused on Poland and Hungary since both countries have modified a personal structure and organisation of their judiciary systems and have been investigated under the rule of law framework in the EU. The paper’s objective is to discuss and compare two approaches to the direct application of constitutional provisions by the Polish and Hungarian highest courts. The scope of the paper is limited to cases concerning the rule of law crisis. The first part of the paper will reveal a new (rule of law) context for the concept of direct application of constitutional provisions in Poland and in Hungary. The second part will compare the use of that concept in the recent decisions of Polish and Hungarian apex courts (i.a. the Supreme Court). The third part will discuss the two approaches under the framework of direct application of the EU law. As a result, some of the regularities are expected to be extracted from different court’s approaches in the time of the rule of law crisis.