Polen vs EU : En kvalitativ innehållsanalys om EU-rättens företräde eller den nationella konstitutionens suveränitet

Sammanfattning: The essay examines how Polish representatives defend constitutional sovereignty over EU-law by analyzing, and comparing, the argumentation from the Polish prime minister Matteuz Morawiecki and the Polish constitutional court. The primary source material is Morawiecki’s letter to heads of governments as well as his statement in the European Parliament. After close qualitative content analysis the argumentation has been categorized and concrete analysis questions have been formulated from the theoretic framework’s three main headlines: democratic backsliding and illiberalism; the rule of law and the constitutions precedence and eurosceptic populism. The tribunal argues mainly from a legal standpoint while Morawiecki’s argumentation is based on EU-skepticism influenced by populism. The main result of the essay is that Morawiecki and the tribunal’s argumentation to defend Polish constitutional sovereignty is categorized as “soft” euroscepticism. Morawiecki furthermore argues that Poland is a strong supporter of the EU, while the tribunal does not take a definitive stance. Both argue that Poland is a liberal democracy that lives up to the Copenhagen criterias while questioning to what extent the EU does so in practice.