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  1. 1 Archivum Iuridicum Cracoviense

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  1. 1 Gorski A.

  2. 1 Hofmanski P.

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  1. 1 2006

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ON THE AMENDMENT OF ARTICLE 55 OF THE CONSTITUTION OF THE REPUBLIC OF POLAND

100%
Gorski A., Hofmanski P.
Archivum Iuridicum Cracoviense
|
2006
|
vol. 39-40
69-82
EN
This contribution deals at length with argumentation used by constitutional tribunals of various EU Member States in their decisions on the constitutionality of the European Arrest Warrant. It shows how different the results of that argumentation and interpretation can be, leading to different conclusions. The contribution also examines the influence of ECJ jurisprudence in the Third Pillar on reasoning in constitutional tribunals verdicts. It gives an overview of modes of approaches to such connected issues as consistent interpretation of domestic law with wording and purpose of framework decisions and the issue of primacy of EU law (also in the Third Pillar) as compared to constitutionally proclaimed primacy of the constitution (national constitutions).
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