National Courts and the Application of EU Law : Lessons from Poland

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Monograph (2.34 MB)
Editors
Authors
Date
2023
Journal Title
Journal ISSN
Volume Title
Publisher
Routledge
ISBN
978-1-003-37601-9
978-1-032-44625-7
978-1-032-45224-1
DOI
10.4324/9781003376019
Language
en
Keywords
public law, European (EC) law, comparative law, jurisprudence, Supreme Court, administrative courts, Constitutional Tribunal, principle of consistent interpretation, principle of primacy EU law, principle of direct effect
Abstract
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.
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Citation
M. Domańska, D. Miąsik, M. Szwarc, National Courts and the Application of EU Law: Lessons from Poland, Routledge, New York-London 2023
Table of content
<< s. 1-11 >> Introduction Part. I. The concept of the EU case – scope of application of EU law before Polish courts << s. 17-42 >> The concept of the EU case in the case-law of the Supreme Court << s. 43-49 >> The concept of the EU case in the case-law of the administrative courts << s. 60-76 >> The concept of the EU Case in the case-law of the Constitutional Tribunal Part II. The principle of consistent interpretation of Polish law with EU law << s. 83-113 >> The principle of consistent interpretation in the case-law of the Supreme Court << s. 114-156 >> The principle of consistent interpretation in the case-law of the administrative courts << s. 157-194 >> The principle of consistent interpretation in the case-law of the Constitutional Tribunal Part III. The principles of primacy and direct effect of EU law in the case-law of Polish courts << s. 201-224 >> The principles of primacy and direct effect in the case-law of the Supreme Court << s. 225-271 >> The principles of primacy and direct effect of EU law in the case-law of the administrative courts << s. 272-290 >> The principles of primacy and direct effect of EU law in the case-law of the Constitutional Tribunal << s. 291-304 >> Conclusions
URI
https://e-bp.inp.pan.pl/handle/123456789/927
Collections
Excellence in Legal Research. Promoting Polish achievements in the area of legal sciences abroad