Browsing by Author "Miąsik, Dawid"

Now showing 1 - 3 of 3
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    "Contemporary Central & East European Law" 2019, no. 1 (133)
    (Publishing House of ILS PAS, 2019) Młynarska-Sobaczewska, Anna; Kubuj, Katarzyna; Mężykowska, Aleksandra; Domańska, Monika; Miąsik, Dawid; Szwarc, Monika; Błachucki, Mateusz; Brâncuși, Lavinia; Sperka-Cieciura, Alina; Jankowska, Marlena; Kleczkowska, Agata; Czarnecki, Łukasz; Mazan, Aleksander; Suknarowska-Drzewiecka, Ewa; Klaus, Witold; Kuczyńska, Hanna; Wiktorska, Paulina; Buczkowski, Konrad
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    Enforcing EU Law at the National Level : EU General Principles and the Imposition of Fines
    (Routledge, 2026) Miąsik, Dawid; Szwarc, Monika; Sołtys, Agnieszka; Poździk, Rafał; Kornobis-Romanowska, Dagmara; Prus, Łukasz; Domańska, Monika; Kapica, Kamil; Kawka, Inga; Kowalik-Bańczyk, Krystyna; Szpyrka, Michalina; Szmigielski, Artur; Kuźnicka-Błaszkowska, Dominika; Materna, Grzegorz; Miąsik, Dawid
    This book examines the interface between EU primary law and national substantive and procedural legislation governing fines imposed by Member States for breaches of European law or national implementing legislation. It focuses on analyzing the general principles of EU law and the European fundamental rights enshrined in the Charter of Fundamental Rights of the European Union. It explains the links between EU law and national fining legislation or proceedings that trigger the duty to respect EU primary law. It covers the concepts of consistent interpretation, the primacy of EU law, and the effectiveness of European fundamental rights and general principles from the perspective of national fining proceedings and the protection of individuals. The collection discusses the following principles and fundamental rights: the principle of legal certainty, the principle of protection of legitimate expectations, the principles of equal treatment and non-discrimination, the principle of proportionality, the principle of ne bis in idem, the principle of good administration, and the right to an effective remedy. Each principle or fundamental right has been analyzed coherently, with the focus on the rights of individuals and the duties of national administrative authorities and courts in the course of national fining proceedings. It also explores the interdependencies between various principles and rights, as well as some specific problems in this area that have occurred in Poland, thus showing the practical importance of the research, or issues that are common to all Member States irrespective of differences in national procedures and fining provisions. The volume will be a valuable resource for researchers, academics, and policy-makers working in the areas of EU law, Administrative Law, and Comparative Law.
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    National Courts and the Application of EU Law : Lessons from Poland
    (Routledge, 2023) Domańska, Monika; Miąsik, Dawid; Szwarc, Monika
    This book presents the case law of Polish courts, namely the Supreme Court, administrative courts and the Constitutional Tribunal, in which the principles of EU law have been successfully applied. It discusses how Polish courts apply principles of consistent interpretation, primacy and direct effect of EU law in their daily adjudicating practice in order to ensure effet utile of EU law, resulting in effective protection of individuals' rights derived from the EU legal order. The book explores the legal nature of these principles and, in particular, the requirement that national rules that are found to be incompatible with legally binding and enforceable EU law should be disapplied by the domestic courts. It explains Polish courts’ reasoning concerning the inseparable relationship between the principle of primacy of EU law and the remedy of disapplication of national law. As the guidelines provided for the national courts by the Court of Justice of the European Union are often quite vague, the work will be important and useful for academics and practitioners from different European jurisdictions to observe the manner in which these principles of EU law are applied in jurisdictions other than their own.