WHEN CAN BRUSSELS INTERVENE IN MEMBER STATES’ DECISIONS? THE LIMITS OF THE EU INSTITUTIONS’ POWER

Abstract

This paper aims to analyse the division of powers between the EU and its member states and how the principles of conferral, subsidiarity, and proportionality limit the intervention of European institutions. By analyzing the constitutional crisis in Poland (2015–2023), it seeks to determine whether intervention by Brussels is justified when the application of EU law is compromised, provided that such intervention complies with the three principles of the EU.