Skutki prawne procedur notyfi kacyjnych z perspektywy prawa Unii Europejskiej

• Authors: Ziemowit Cieślik

Title variants

EN

Legal Consequences of the Notifi cation Procedures from the Perspective of European Union Law

• Languages of publication: PL

Abstracts

EN

The article provides an analysis of the case law of the Court of Justice of the EU in matters of notification. The analysis is primarily aimed at identification of the normative sources from which the Court derives its conclusions concerning the legal consequences of a breach of notification rules by the Member States and encompasses three notification procedures relating to norms and technical provisions, state aid and matters falling within the competence of the European Central Bank. Apart from general remarks on the evolution of case law in this area, the author examines: the nature of legal consequences that are associated with a breach of the notification rules; the system context of adjudication (findings concerning the provisions of law directly interpreted by the Court or other EU legal acts taken into account in the process of inference); the scope of legal consequences (including the specification of the rules to violation of which these consequences are attributed) as well as the criteria for their attribution. These findings help to assess the position on the legal consequences of a breach of notification duty by a Member State, which is presented in official EU documents. The author verifies the tendency (apparent from the Guide to consultation of the European Central Bank by national authorities) to attribute uniform legal consequences of violation of the rules defining various notification procedures.

Keywords

EN

notification; technical provisions; state aid; European Central Bank; effet utile; principle of supremacy; principle of direct effect

• Publisher: Kancelaria Sejmu / Chancellery of the Sejm
• Journal: Przegląd Sejmowy
• Year: 2014
• Issue: 5(124)
• Pages: 29-54

Contributors

author

Ziemowit Cieślik

• Dr, Biuro Analiz Sejmowych Kancelarii Sejmu, Wydział Prawa i Administracji, Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie