International law and EU law as instruments of interference in the state system

The basic task in this case is to systematise terminology and clarify key categories such as "international law", "EU law", "constitutional sovereignty", "system integration" or "conflict of legal systems". On this basis, the research team analyses the relations between the different legal systems (national law – international and EU law). It pays particular attention to how EU and international norms are incorporated into the Polish and Hungarian constitutional order, their place in the hierarchy of legal sources, and the principles by which they can influence systemic changes. It seeks to define the limits of acceptable interference of external norms in the internal constitutional order in terms of content (the content of the norms), system (the principles of the organisation of power) and procedure (the mechanisms of law application and judicial decision-making). The research also aims to identify conflicts between legal systems, which have become increasingly common in recent years. Conflicts between the constitutional order and EU or international law are not purely theoretical; they have a direct impact on how the courts, legislation and the executive function. Therefore, the research will analyse selected examples of interventions of international and EU law in the systems of Poland and Hungary. As a starting point, the research team identifies the most important judgments of the Court of Justice of the European Union and the European Court of Human Rights, as well as policy measures taken by the European Commission and other international institutions. Particular attention will be paid to cases where national authorities – especially those in Poland since 2023 – have used these external legal instruments selectively or as a targeted tool to legitimise measures that fall outside the constitutional normative order. In addition, the research team will also attempt to reinterpret or disregard the content of international judgments, as well as situations where references to EU law or international law are in fact used to circumvent mechanisms provided for in the constitution. The research will be complemented by a comparative study aiming at outlining the different systemic and constitutional models governing the relationship between international and EU law and constitutions in selected European states. The analysis covers Germany, France, Italy, Spain, the Czech Republic, Romania, Slovenia and Croatia, i.e., states representing different constitutional traditions, models of European integration, and systemic experiences. This comparison provides a deeper insight into the different approaches to EU law and identifies common mechanisms that provide protection against abuses aimed at circumventing international and EU law.