European Policy as a Category of State Policy in the Light of the Constitution of the Republic of Poland and the Jurisprudence of the Constitutional Tribunal – A Contribution to the Discussion

Abstract

The article addresses the status of “European policy” within the Polish constitutional order. It takes as its starting point Article 146 of the Constitution, which entrusts the Council of Ministers with the conduct of internal and foreign policy, yet does not refer expressly to European policy. Against this background, the author analyses the Constitutional Tribunal’s decision in case Kpt 2/08, in which the Tribunal held that Poland’s relations with the European Union constitute a specific area of state policy that escapes a simple division into internal and foreign affairs. The article reconstructs the main strands of doctrine: the hybrid approach, which treats European policy as functionally distinct yet still falling within the scope of Article 146; a more conservative view, reducing it to a particular segment of foreign policy; and “internal” approaches coupled with proposals to introduce a separate European chapter into the Constitution. The central conclusion is cautious: de lege lata European policy remains a hybrid sphere of state policy, whereas de lege ferenda its clearer constitutional recognition may be considered, provided this is accompanied by reflection on the allocation of political responsibility for Poland’s actions in the EU. The text is a contribution to the debate and seeks to organise existing discussions.