Sądowe stosowanie Karty Praw Podstawowych UE : refleksje na podstawie orzecznictwa Trybunału Sprawiedliwości i praktyki sądów krajowych

Europejski Przegląd Sądowy 2015, nr 10, s. 11-18.

Współautorstwo: Grzeszczak, Robert

The aim of this article is an attempt at defining the role of the national court in the application of the Charter and showing the practical problems in this respect. Despite the literal wording of Article 51(1) of the Charter, it is argued that fundamental rights as part of Union law in general are applied primarily at the national level, mostly by national courts, since they are functionally important parts of the EU judicial system. The judicial practice of Polish courts indicates lack of knowledge about proper application of the Charter, namely that there must be another norm of EU law in order to trigger its provisions. It is very often incredibly difficult to predict whether or not a domestic measure that has legal effects touching upon the sphere of matters regulated by EU law, but that was not adopted to implement this law directly, will be bound by the Charter. For reasons of efficiency it could fall within the scope of EU law, as shown by the case law of the Court of Justice, but the present guidance given by the Court only increases these doubts.