prawo europejskie

  • Wybrane aspekty implementacji dyrektyw Unii Europejskiej do systemu prawnego Rzeczypospolitej Polskiej

    Author: Artur Trubalski
    Institution: Uniwersytet Marii Curie - Skłodowskiej w Lublinie
    Year of publication: 2013
    Source: Show
    Pages: 173-197
    DOI Address: https://doi.org/10.15804/ppk.2013.01.08
    PDF: ppk/13/ppk1308.pdf

    The aim of this paper is to presents selected issues on the process of the implementation of the EU directives into the national law of the Republic of Poland. This issue is very im- portant as the most of the legislative process, especially connected with economic issues, is currently held at the level of the European Union. Legal acts, which are adopted in Poland, aim to implement the EU law into the national law. Therefore, there is a need to analyse the implementation process and its character more deeply. This applies to a particular directive, which is seen as a source of secondary legislation of the European Union being subject to this process. No less important is to define the process more precisely, with particular emphasis on the doctrine of discrepancies occurring in the background of the distinction between the implementation and transposition of the EU law into the national law. This raises, in turn, the need to examine the implementation of the law-making process as a two-step operation. This feature is characteristic to the process of the implementation of the EU law into the Polish legal system and has no equivalent in the Polish constitutional order. The basis of the implementation process, which result from the primary law of the European Union, will also be characterized. They provide the foundation for the application of the EU law in Poland. They also show the obligation to ensure the effectiveness of the EU law in the national legal order, which simultaneously requires the imple mentation of the rights contained in the European Union directives. Another element of the study is to present the implementation of the legal basis con- tained in the Constitution of the Republic of Poland. The analysis of those basis leads to the conclusion that the Constitution of Poland contains provisions to the validity of both primary and secondary law of the European Union in Polish legal system. Therefore, they constitute the basis for the implementation of the EU directives into the na- tional law. Issues emphasised in the work and connected with the process of the implementation of the EU law into the national law, are the foundation for the analysis of this process, as well as a starting point for further discussion on the mechanism of the im- plementation of the European Union law into the national law of the Republic of Poland.

  • Problemy językowe Unii Europejskiej. Między idealizmem założeń, utylitaryzmem rozwiązań, a potrzebą komunikatywności prawa. Cz. I

    Author: Witold Sobczak
    E-mail: witoldsobczak@wp.pl
    Institution: Akademia im. Jakuba z Paradyża w Gorzowie Wlkp
    ORCID: https://orcid.org/0000-0001-8617-0905
    Year of publication: 2020
    Source: Show
    Pages: 317-341
    DOI Address: https://doi.org/10.15804/ppk.2020.02.17
    PDF: ppk/54/ppk5417.pdf

    The presented text is the first part of a broader study dedicated to linguistic issues in the constitutional aspect with reference to the territory of the Republic of Poland and the Eu- ropean Union. Linguistic issues, issues of the official language disappear from the per- spective of constitutionalists and researchers dealing with European Union law. Howev- er, this is an important problem, given that the interpretation of legal norms is primarily a linguistic interpretation. The text deals with the issue of the official language in Poland, considering it in the constitutional aspect and in specific laws, especially in the law on the Polish language. The concepts of the state language, preferred in the interwar period, were considered. It has been pointed out that language is an element of identity. It caus- es problems in the area of the European Union. an attempt to solve them was the Euro- pean Charter of Regional or Minority Languages. The article discusses the regulations on official languages, addressing the issue of the status of official and working languag- es. Due to the nature of the considerations taken in the text, their meaning, the complex- ity of the problem, the content of the article is divided into two parts.

  • Problemy językowe Unii Europejskiej. Między idealizmem założeń, utylitaryzmem rozwiązań, a potrzebą komunikatywności prawa. Cz. II

    Author: Witold Sobczak
    E-mail: witoldsobczak@wp.pl
    Institution: Akademia im. Jakuba z Paradyża w Gorzowie Wlkp.
    ORCID: https://orcid.org/0000-0001-8617-0905
    Year of publication: 2021
    Source: Show
    Pages: 191-210
    DOI Address: https://doi.org/10.15804/ppk.2021.01.12
    PDF: ppk/59/ppk5912.pdf

    This article is the second part of the considerations regarding language issues in the constitutional aspect with reference to the territory of the Republic of Poland and the European Union. The issues of linguistic interpretation in the practice of the European Court of Justice, as well as issues relating to language interpretation in the proceedings before the Court of Justice of the EU, draw attention to the content of the Treaty on the Functioning of the European Union and the consequences thereof. The problem of the status of semi-official (additional) languages has been pointed out. The author analyses normative acts referring to this issue and the language problems that occure in the proceedings before the Court of Justice of the European Union. The summary points out the financial aspect resulting from the fact that Europe does not have a language which the entire population of the Union would identify with, stressing the difficulties that will arise after the expected departure from the European Union by the United Kingdom.

  • Orzeczenia ultra vires Trybunału Sprawiedliwości Unii Europejskiej i ich ocena w orzecznictwie niemieckiego Federalnego Trybunału Konstytucyjnego. Uwagi na marginesie orzeczenia z 5 maja 2020 r.

    Author: Joanna Górska-Szymczak
    E-mail: j.m.gorska@gmail.com
    Institution: Toruńska Szkoła Wyższa
    ORCID: https://orcid.org/0000-0003-1899-0105
    Author: Grzegorz Górski
    E-mail: g.k.m.gorski@gmail.com
    Institution: Toruńska Szkoła Wyższa
    ORCID: https://orcid.org/0000-0003-2057-5816
    Year of publication: 2021
    Source: Show
    Pages: 343-361
    DOI Address: https://doi.org/10.15804/ppk.2021.03.23
    PDF: ppk/61/ppk6123.pdf

    Ultra vires Rulings of the Court of Justice of the European Union and their Assessment in the Jurisprudence of the German Federal Constitutional Court. Aside from the Judgment of May 5, 2020

    On May 5, 2020, the German Federal Constitutional Court (FCC) ruled on the legality of the public sector asset purchase program established by the European System of Central Banks (ESCB). What is particularly important, this issue was the subject of a preliminary ruling by the Court of Justice of the European Union (CJEU), issued following an inquiry from a German court. The FCC’s decision is of particular importance in the context of plans to launch a European Reconstruction Fund to combat the effects of the coronavirus pandemic. The German court questioned the treaty bases of the decisions of the European Central Bank (ECB) on the basis of which the bonds were issued. What is particularly important, the German court emphasized not only the right, but even the obligation to examine by the constitutional courts of the EU Member States whether the activity of European institutions goes beyond the powers conferred on them in the treaties (ultra vires). The content of this decision and its extensive justification will certainly have a great impact on the functioning of the European Union.

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