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In the presentation, I analyse how the argument concerning constitutional (national) identity has been used in some EU Member States in order to evade international obligations and justify illiberal reforms.
The article presents the judgment of the Polish Constitutional Court of 10 March 2022
(K 7/21). In this judgment, the Court questioned the constitutionality of the art. 6 of the European Convention on Human Rights, one of the fundamental norms of the European system of human rights protection. The article criticises this decision and shows its negative consequences for the individual right to a fair trial.