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Informacja prawna na temat aktualnego orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej w sprawie odmowy zastosowania przepisu krajowego, niezgodnego z prawem UE, przez sąd krajowy oraz skutków prawnych skierowania przez sąd krajowy pytania wstępnego do TSUE

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Jaśkowski M.
Przegląd Sejmowy
|
2018
|
issue 5(148)
188–196
EN
The publication contains a review of the case law of the Court of Justice of the European Union as regards the refusal to apply a provision of the national law by a national court and the legal effects of referring a prejudicial question to the ECJ by a national court. Firstly, obligations of national organs in case of questioning the conformity of a provision of national law to the EU law are discussed, in view of the doctrine of primacy of the EU law. Secondly, the ECJ case law is presented as regards the application of interim measures by national organs. Thirdly, to a necessary degree the case law related to referring a prejudicial question by a national court is considered, particularly the prerequisites for referring a question and the effects of passing a preliminary ruling.
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National courts are also courts of the European Union

100%
Tomášek M.
The Lawyer Quarterly
|
2024
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vol. 14
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issue 1
1-14
EN
The Court of Justice of the European Union (CJEU) ensures the uniform interpretation and application of European Union law. Its position as the court of the EU is explicitly and indisputably determined. The principle of the primacy of EU law over the domestic law of a Member State is considered one of the essential if not the essential requirement for the relationship between the separate legal orders: EU law on the one hand and domestic law on the other. Despite its unquestionable importance and unlike other principles developed by the CJEU, this primacy has never been incorporated in the founding treaties. The mechanism of references for preliminary ruling remains the primary means of dialogue between national courts and the CJEU. It enables the courts to maintain a harmonised interpretation of EU law and the use of the references by national courts is a good indicator of their relationship with the CJEU. It is noteworthy that the national courts have quickly embraced this instrument, thus the importance of the references for preliminary ruling exceeded the expectations of the framers of the Treaties in that originally they were intended as a complementary mechanism in the system of actions between the Member States and the Union bodies.
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