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OAPEN Library
Book . 2023
License: CC BY
Data sources: OAPEN Library
https://doi.org/10.4324/978100...
Book . 2023 . Peer-reviewed
Data sources: Crossref
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National Courts and the Application of EU Law

Lessons from Poland
Authors: Monika Domańska; Dawid Miąsik; Monika Szwarc;

National Courts and the Application of EU Law

Abstract

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. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC BY) 4.0 license.

Keywords

Public Administration, judicial application of EU law, protection of individuals' rights, Contra Legem, EU Law, thema EDItEUR::L Law::LA Jurisprudence and general issues::LAM Comparative law, Principle of consistent interpretation, effet utile, Courts, Constitutional Tribunal, thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LND Constitutional and administrative law: general, Secondary EU Law, thema EDItEUR::L Law::LA Jurisprudence and general issues::LAQ Law and society, sociology of law, EU Case, Consistent Interpretation, national courts, Administrative Courts, EU Provision, primacy of EU law, EU legal order, National Court, EU Legal System, Constitutional Law, EU Element, Polish Constitutional Tribunal, EU Primary Law, direct effect of EU law, Court of Justice of the European Union

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
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