O celu i metodzie transpozycji dyrektyw unijnych — na przykładzie projektu ustawy o prawach konsumenta
On the aim and the method of transposing EU directives – on the example of the proposal of Consumer Rights Act
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The article presents problems that arise in the Polish legal system in relation to transposition of the consumer rights directive and re-transposition of the consumer sales directive. It discusses the aims that the national legislator sets for itself, when transposing EU directives and poses questions relating to the methods that can and should be used to achieve these aims. Further, the article points out the biggest challenges the national legislator must face during the process of transposition, and reveals the tensions that exist on the border between the national and EU law that should be taken into account when transposing EU directives into the national law. The article does not discuss concrete solutions enshrined in in the proposal of Consumer Rights Act, but presents an overall concept of gradual integration of private law rules created on national and EU levels.
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