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    National Courts and the Application of EU Law

    Proposal review

    Lessons from Poland

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    Author(s)
    Domańska, Monika
    Miąsik, Dawid
    Szwarc, Monika
    Language
    English
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    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.
    URI
    https://library.oapen.org/handle/20.500.12657/93093
    Keywords
    Principle of consistent interpretation; Constitutional Law; Courts; primacy of EU law; direct effect of EU law; national courts; Court of Justice of the European Union; effet utile; protection of individuals' rights; EU legal order; judicial application of EU law; EU Law; EU Case; EU Provision; Constitutional Tribunal; Consistent Interpretation; Administrative Courts; EU Element; EU Primary Law; Contra Legem; Polish Constitutional Tribunal; Public Administration; Secondary EU Law; National Court; EU Legal System
    DOI
    10.4324/9781003376019
    ISBN
    9781000937305, 9781000937343, 9781032446257, 9781003376019, 9781000937305
    Publisher
    Taylor & Francis
    Publisher website
    https://taylorandfrancis.com/
    Publication date and place
    Oxford, 2024
    Imprint
    Routledge
    Classification
    Constitutional and administrative law: general
    Law and society, sociology of law
    Comparative law
    Pages
    318
    Rights
    https://creativecommons.org/licenses/by/4.0/legalcode
    • Imported or submitted locally

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    License

    • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

    Credits

    • logo EU
    • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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