Table of Contents

National Courts and EU Law

National Courts and EU Law

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

National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.

Chapter 7: European Union law before national judges: the Polish experience. Adept multicentric vision or creeping hierarchical practice

Marcin Górski

Subjects: law - academic, constitutional and administrative law, european law


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.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information