Union law

„Przepisy techniczne” w systemie prawa polskiego

Author: Jacek Sobczak
Institution: Szkoła Wyższa Psychologii Społecznej w Warszawie
Year of publication: 2014
Source: Show
Pages: 71-91
DOI Address: https://doi.org/10.15804/tpn2014.1.05
PDF: tpn/6/TPN2014105.pdf

The term “technical regulations” was developed in Directive 98/34/EC of the European Parliament and of the Council, and it comes down to the obligation to provide information concerning products and rules of the information society. The reason behind said solutions was to lead to unification on the Union internal market. Failure to fulfil the obligation of notification triggers serious consequences in legal transactions. From the point of view of the European Court of Justice, national judge, who is primarily a Union judge, may not use non-notified norms. In this respect there appeared discrepancies in judicial decisions of the Supreme Court, where some adjudicating panels held that in cases in which non-notified technical regulations were used it was necessary to ask the Constitutional Tribunal whether these norms were in force. However, the European Court of Justice clearly indicated that the scopes of cognition of the European Court of Justice and national constitutional tribunals do not coincide. The Court pointed out that failure to use a non-notified technical norm is not.

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