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1

Pytania prejudycjalne do Trybunału Sprawiedliwości Unii Europejskiej a polskie sądownictwo administracyjne (zagadnienia wybrane)

100%

Stankiewicz R.

Studia Iuridica

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2016

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vol. 66

355-370

PL

Since 1 may 2004 Poland was obligated to adopt rules of the European Union law (acquis communautaire). Domestic courts must apply appropriate regulations two different legal orders . Cooperation with European Court of Justice (ECJ) could be the best solution to achievement accordance of treaties obligations and national law. One of the most popular method, provided for article 234 Treaty establishing the European Community, are preliminary questions. In according with european jurisdiction, polish administrative courts could use this mechanism to adjudicate . In many situations courts have to refer to the ECJ for a preliminary ruling a question on the interpretation european union law. On the other hand some cases should be decided by domestic jurisdiction, but even than ECJ is obligated to present his point of view. Although litigant party could not influence on court he can use regulations provided by domestic legal procedure, for example he can lodge a complaint against suspension of legal proceedings. Put preliminary questions into practice shows how consequences will bear a parties europeanization domestic law.

2

The Application of EU Law by Polish Courts. General Remarks on 15 Years of Experience

100%

Domańska M., Miąsik D., Szwarc M.

Contemporary Central and East European Law

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2019

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issue 1 (133)

21-32

EN

The Court of Justice of the European Union operates on a case-by-case basis. This means that its decisions normally relate to specific problems occurring in a specific Member State. Consequently it is often hard to ‘translate’ this case law into the national legal system of a different Member State. Nevertheless the case law of the Court of Justice has consequences not only for the individual Member States. It also has harmonising effects. In this sense, the principles of primacy and of direct effect of EU provisions, as well as the obligation to interpret domestic law in conformity with EU law, operate as the minimum requirements which the legal systems of Member States must fulfil. Poland joined the European Union in May 2004. At that time the number of Member States increased to 25. The existence of avenues of judicial protection in the EU raised a number of questions from the very beginning. Now, after 15 years of experience it is time to consider the standard of application of EU law by Polish courts.

3

Pytania prejudycjalne do Trybunału Sprawiedliwości Unii Europejskiej a polskie sądownictwo administracyjne (zagadnienia wybrane)

100%

Stankiewicz R.

Studia Iuridica

|

2016

|

vol. 66

355-370

PL

Since 1 may 2004 Poland was obligated to adopt rules of the European Union law (acquis communautaire). Domestic courts must apply appropriate regulations two different legal orders . Cooperation with European Court of Justice (ECJ) could be the best solution to achievement accordance of treaties obligations and national law. One of the most popular method, provided for article 234 Treaty establishing the European Community, are preliminary questions. In according with european jurisdiction, polish administrative courts could use this mechanism to adjudicate . In many situations courts have to refer to the ECJ for a preliminary ruling a question on the interpretation european union law. On the other hand some cases should be decided by domestic jurisdiction, but even than ECJ is obligated to present his point of view. Although litigant party could not influence on court he can use regulations provided by domestic legal procedure, for example he can lodge a complaint against suspension of legal proceedings. Put preliminary questions into practice shows how consequences will bear a parties europeanization domestic law.

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2 Studia Iuridica

1 Contemporary Central and East European Law

2 Stankiewicz R.

1 Domańska M.

1 Miąsik D.

1 Szwarc M.

1 2020

2 2016

Pytania prejudycjalne do Trybunału Sprawiedliwości Unii Europejskiej a polskie sądownictwo administracyjne (zagadnienia wybrane)

The Application of EU Law by Polish Courts. General Remarks on 15 Years of Experience

Pytania prejudycjalne do Trybunału Sprawiedliwości Unii Europejskiej a polskie sądownictwo administracyjne (zagadnienia wybrane)