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  1. 1 Studia Europejskie-Studies in European Affairs

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  1. 1 2010

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  1. 1 Talaga R.

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Pytania prejudycjalne do ETS w praktyce polskich sądów administracyjnych

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Talaga R.
Studia Europejskie-Studies in European Affairs
|
2010
|
issue 1
91-116
EN
The aim of this article is to present the basic problems of submitting preliminary questions tho the European Court of Justice by Polish administrative courts. The author descibes the issuses related to the object of legal question i.e. the scope and contents of a request for interpretation of provisions of the Community law. The paper also presents the issuses related to the procedure and form of submitting a preliminary question and the results thereof for the main proceedings pending. The problem if a court submitting a preliminary question should suspens the proceedings or adjourn the hearing of the case and whether the discusions of the court in that respect may appeled against is of particular importance. Apart from presenting specific practical information on the institition of preliminary question and its role in the system of interpretation of law as well as presenting the judicial decisions of the polish administrative courts, the author analysed the activity of courts in application of the pro - Community interpretation using examples. It was to prove that such interpretation not only changes the existing understanding of polish law but also eliminates the specific provisions if, in the court’s opinion, they contadict the Community law. In the end of the analysis of judicial decisions the author formulates the conclusion that the administrative courts generalny accept the principle of the pro – Community interpretation being convicted that the polish judicial decisions have become an integral part of the Community system of judicature.
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