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National courts and the application of EU law
This book presents the case law of Polish courts, namely the Supreme Court, administrative courts and the Constitutional Tribunal, in which the principles of EU law have been successfully applied. It discusses how Polish courts apply principles of consistent interpretation, primacy and direct effect of EU law in their daily adjudicating practice in order to ensure effet utile of EU law, resulting in effective protection of individuals' rights derived from the EU legal order. The book explores the legal nature of these principles and, in particular, the requirement that national rules that are found to be incompatible with legally binding and enforceable EU law should be disapplied by the domestic courts. It explains Polish courts' reasoning concerning the inseparable relationship between the principle of primacy of EU law and the remedy of disapplication of national law. As the guidelines provided for the national courts by the Court of Justice of the European Union are often quite vague, the work will be important and useful for academics and practitioners from different European jurisdictions to observe the manner in which these principles of EU law are applied in jurisdictions other than their own.
1. Introduction; PART I: The concept of the EU Case -- scope of application of EU law before Polish courts; 2. The concept of the EU case in the case-law of the Supreme Court; 3. The concept of the EU Case in the case-law of the administrative courts; 4. The Concept of the EU Case in the case-law of the Constitutional Tribunal; Part II: The principle of consistent interpretation of Polish law with EU law; 5. The principle of consistent interpretation in the case-law of the Supreme Court; 6. The principle of consistent interpretation in the case-law of the administrative courts; 7. The principle of consistent interpretation in the case-law of the Constitutional Tribunal; Part III: The principles of primacy and direct effect of EU law in the case-law of Polish Courts; 8. The principles of primacy and direct effect in the case-law of the Supreme Court; 9. The principles of primacy and direct effect of EU law in the case-law of the administrative courts; 10. The principles of primacy and direct effect of EU law in the Constitutional Tribunal; 11. Conclusions
Monika Domańska, Dawid Miąsik and Monika Szwarc.
Monika Domańska is Adjunct Professor in the Department of European Law at the Institute of Law Studies, Polish Academy of Sciences, Warsaw, Poland, judicial assistant at the Labour and Social Security Chamber of the Supreme Court of Poland since 2001, andmember of the Polish Association of European Law. Dawid Miąsik is Adjunct Professor in the Department of European Law at the Institute of Law Studies, Polish Academy of Sciences, Warsaw, Poland. Since 2014, he has beenjustice at the Labour and Social Security (until April 2018 the Labour, Social Security and Public Affairs) Chamber of the Supreme Court of Poland. As a judge rapporteur, hehas adjudicated various issues of EU labour, social security, state aid, competition, telecommunications, energy, commercial and consumer protection law, and the rule of law. Dawid was a member of judicial panels that made most of the preliminary references originating from the Polish Supreme Court, including C-585/18 A.K. Monika Szwarc is Professor in the Department of European Law at the Institute of Law Studies, Polish Academy of Sciences, Warsaw, Poland and the Head of the Centre for Research on Judicial Application of EU Law (CEREJA-EU).
Includes bibliographical references and index.