Naruszenie zasady skutku bezpośredniego rozporządzenia Unii Europejskiej w obszarze koordynacji systemów zabezpieczenia społecznego na przykładzie wybranych ustaw
Violation of the Direct Effect of the European Union Regulation Principle in the Field of Coordination of Social Security Schemes – Analysis Based on Chosen Statutes
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The article describes the problem of implementation of European Union law in the area of coordination of social security schemes in Poland. Since 2004 Poland has been participating in the coordination system of social benefits and the Polish institutions have been playing a role of competent institution or liaison institution in the meaning of EU Regulations on coordination. Despite the fact that the EU law has a direct effect in the national legal systems of EU Member States, the Polish authorities decided to make some changes and to implement few institutions into national law. It results in a situation of different wording of legal provisions in EU and Polish law and it also means that the Polish legislator went against the principle of the direct effect of the EU law. The author makes a proposal to introduce a legal testing within the procedure of approval of the Polish law, which aims at avoiding such a breach of the EU law.
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