Zasady sądowego stosowania prawa unijnego a art. 165 § 2 k.p.c.

Państwo i Prawo 2019, nr 7, s. 47-63.

The Application of EU Law by Polish Courts : general Remarks on 15 Years of Experience

Contemporary Central & East European Law 2019, nr 1, s. 21-32.

Współautorstwo: Domańska, Monika; Szwarc, Monika

The Court of Justice of the European Union operates on a case-by-case basis. This means that its decisions normally relate to specific problems occurring in a specific Member State. Consequently it is often hard to ‘translate’ this case law into the national legal system of a different Member State. Nevertheless the case law of the Court of Justice has consequences not only for the individual Member States. It also has harmonising effects. In this sense, the principles of primacy and of direct effect of EU provisions, as well as the obligation to interpret domestic law in conformity with EU law, operate as the minimum requirements which the legal systems of Member States must fulfil. Poland joined the European Union in May 2004. At that time the number of Member States increased to 25. The existence of avenues of judicial protection in the EU raised a number of questions from the very beginning. Now, after 15 years of experience it is time to consider the standard of application of EU law by Polish courts.

Effectiveness of EU Directives in National Courts : Judicial Dialogue Continues : The Court of Justice’s Judgment in C-545/17 Pawlak

Polish Yearbook of International Law 2019, t. XXXIX, s. 267-284.

Współautorstwo: Szwarc, Monika

This commentary on the Court of Justice’s ruling in the Pawlak case concentrates on questions of the judicial application of EU law, in particular EU Directives. On the basis of the recent jurisprudence of the Court the authors present three issues: 1) the incidental effects of EU law for the procedural provisions of Member States; 2) the inability to rely on an EU directive by a member state’s authority in order to exclude the application of national provisions which are contrary to a directive; 3) the limits of the duty to interpret national law in conformity with EU law from the perspective of the Court of Justice and the referring court. Further, the article presents the judicial practice of the Polish Supreme Court, and in particular the follow-up decision of this Court not only taking into the account the ruling of the ECJ but also showing how the limitation of a conforming interpretation can be overcome in order to give full effect to EU law. In the authors’ view, this case is worth noting as an example of judicial dialogue in the EU.