Part A – pre-released question
- This question is compulsory and must be answered
- The word limit for this question is 1200 words, excluding the footnotes which should be used for OSCOLA referencing only.
Prior to the exam window opening
- You should prepare your answer to the question in advance of starting the timed exam*.
- In the exam you will need to copy and paste in your answer using the keyboard shortcut (see below). We recommend you try copying some text from a document and pasting it into an answer box in the Demo Exam to prepare for doing this in the timed exam.
- For Part A you must use OSCOLA for referencing.
In the exam
- Once you begin the timed exam*, you will see that there is a place for you to paste your pre-written answer for Part A into the exam.
- You will need to copy and paste in your answer using the keyboard shortcut (Ctrl+V) not mouse clicks. To do this place your cursor in the answer box and press Ctrl and V.
- It is your responsibility to ensure you have added your answer AND that this has successfully uploaded to the Inspera Platform before your allocated time runs out.
Please ensure that you familiarise yourself with the full guidance on the pages in the Exam section of the module on MyBeckett.
The exam question appears on the next page
Part A
This question is compulsory and must be answered
On 7 October 2021 in the national case K 3/21 Poland’s Constitutional Tribunal ruled that parts of the EU Treaties are incompatible with the Polish Constitution, thus challenging supremacy of EU law, a key tenet of the European integration. The European Commission was quick to respond by saying that the Polish Tribunal’s ruling raised serious concerns about the primacy of EU Law.[1]
On 27 October 2021 in a separate (but related) case C-204/21 the European Court of Justice (CJEU) ordered Poland to pay a 1 million Euro per day fine for not suspending the disciplinary chamber of its Supreme Court, which has been ruled a violation of EU law.[2]
In light of this statement, explain and critically discuss the principle of supremacy of EU law, supporting your answer with relevant CJEU cases and academic commentary.
[1] https://ec.europa.eu/commission/presscorner/detail/en/statement_21_5142 [accessed 4.12.2021]
[2] See https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-10/cp210192en.pdf [accessed 4.12.2021]
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