[coutego]

> except in Germany

It applies everywhere. Germany and Poland courts said that they interpret this principle is against their constitutions. The consequence is that they need to either:

- Change their interpretation of their constitution

- Change their constitution

- Leave the EU

It's a basic principle of participation in a Union. Germany's or Poland's case is the same as if a State of the US decided that some federal law or the US constitution doesn't apply in that territory because their constitution prevails or that the state supreme court can overrule the decisions of the US supreme court.

The EU case is much easier than the US, of course, because EU Member States have the right to unilaterally decide to secede. So they can always just leave if they really don't want to comply with EU laws. They have no excuse whatsoever to whine about them.

[MinorTom]

> - Change their constitution

That isn't possible

> - Change their interpretation of their constitution

The BVerfG tries really hard to interpret the constitution in a way in line with EU regulations, but it reserves the right not to (if they're "ultra vires" - beyond their power).

> - Leave the EU

Not going to happen.

> It's a basic principle of participation in a Union.

Note that the supremacy of the German constitution over EU law was well known at the time of signing the relevant treaties and all parties agreed to proceed anyway.

> Germany's or Poland's case is the same as if a State of the US decided that some federal law or the US constitution doesn't apply [...]

The EU is not a nation state.