Nothing is going well between Poland and the European Union.
The first accuses the Brussels Commission and the Luxembourg Court of Justice (CJEU) of encroaching on its sovereignty and proclaims the superiority of its Constitution over European law.
The second cries out for legal "Polexit", accuses Warsaw of undermining the very foundations of the EU and promises it sanctions.
Who is right?
It is established that the fundamental law of a State is at the top of its internal legal order;
the primacy of the community rule is only necessary in the event of conflict with its national legislation, not with its Constitution.
But the bottom of the debate is not there.
Behind the law is a political battle, and even a cultural one, between the east and the west of Europe.
For years, the conservative Law and Justice party (PiS), in power in Poland, has been deploying a restrictive concept of the independence of the judiciary, guaranteed by Article 19 of the Treaty on Union: several hundred judges have been dismissed
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