National Courts and EU Law
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National Courts and EU Law New Issues, Theories and Methods

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

Marcin Górski

Extract

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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