New Issues, Theories and Methods
Judicial Review and Cooperation series
Edited by Bruno de Witte, Juan A. Mayoral, Urszula Jaremba, Marlene Wind and Karolina Podstawa
Chapter 7: European Union law before national judges: the Polish experience. Adept multicentric vision or creeping hierarchical practice
Poland has been a Member State of the EU since 1 May 2004. Membership has greatly influenced the interpretation and application of law by domestic courts. This chapter presents the case-law of Poland’s Constitutional Tribunal (section 2), administrative courts (section 3), Supreme Court (section 4) and the other general courts (section 5) as a means of investigating the application of EU law in Poland. The conclusion is that the constitutional doctrine concerning the duty to assure the effet utile of EU law is well developed and based on the EU-compatible concept of multicentrism of the system of law. However, the practice of the lower courts does not evidently follow this standard. The method supporting this conclusion is based on analysing judgments of domestic courts and the Constitutional Tribunal and studying their interaction with the contemporary practices of the CJEU and the ECtHR.
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