Volume 48 (2011)

Volume 48 (2011) / Issue 2

Adam Łazowski, 'Half full and half empty glass: The application of EU law in Poland (2004–2010)' (2011) 48 Common Market Law Review, Issue 2, pp. 503–553

Abstract

Poland joined the European Union on 1 May 2004 and the first wave of EU-related litigation reached the Polish courts soon after. The question that this article tries to answer is whether Polish judges are willing and able to serve as EU judges and give EU law effect. The emerging picture is mixed. On the one hand, there is a growing volume of court decisions calling for praise, on the other hand some decisions are not exactly the finest hour of the Polish judiciary. The article starts with an overview of EU-related judgments of the Polish Constitutional Tribunal. It then turns to the application of fundamental tenets of EU law by other Polish courts. This is followed by a discussion of issues raised under the preliminary ruling procedure and an overview of selected references submitted by Polish courts, including problems of translation, and question of temporal scope of EU law.

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ISSN: 0165-0750
ID: COLA2011021