- Author:
Mirosław Wróblewski
- E-mail:
m.wroblewski@brpo.gov.pl
- Institution:
Biuro Rzecznika Praw Obywatelskich
- ORCID:
https://orcid.org/0000-0002-2148-2905
- Year of publication:
2020
- Source:
Show
- Pages:
183-200
- DOI Address:
https://doi.org/10.15804/ppk.2020.04.09
- PDF:
ppk/56/ppk5609.pdf
Polish System of Disciplinary Liability of Judges in the Light of Standards European Union Law
The study presents current issues of the disciplinary liability of judges, starting with an indication of historical attempts to introduce new, unified regulations intended to cover most of the legal professions, up to the enactment of the statutes of the Disciplinary Chamber of the Supreme Court and the so-called Disciplinary Law for judges. The author conducts an in-depth analysis of the disciplinary regulations in terms of testing compliance with EU law standards and the need to ensure the effectiveness of EU legal solutions.
- Author:
Edyta Krzysztofik
- E-mail:
ekrzyszt@kul.pl
- Institution:
Katolicki Uniwersytet Lubelski Jana Pawła II
- ORCID:
https://orcid.org/0000-0001-6160-9600
- Year of publication:
2022
- Source:
Show
- Pages:
51-62
- DOI Address:
https://doi.org/10.15804/ppk.2022.06.03
- PDF:
ppk/70/ppk7003.pdf
The European Character of the National Court
The aim of this article is to demonstrate the European character of a national court which, by ruling on the basis of EU law, becomes an EU court. The following premises confirm it. Firstly, it is an element of the EU justice system and, together with the CJEU, is obligated to guarantee the effectiveness of EU law. In carrying out the entrusted task, it follows the principles defining the EU legal system: the principle of primacy and the principle of direct effect and direct application, which serve to implement the meta-principle of effectiveness of EU law. However, they do apply to acts that have direct effect. In other cases, the domestic court uses a pro-EU interpretation, i.e. reinterprets the norms of national law in the light of the purpose and effect of EU law. In de facto transferring the indicated obligations to the national ground, the national court applies national procedural rules, and at the same time adjusts their effectiveness to the needs of EU law. In performing the above-mentioned duties, national courts were granted the right to refer questions for preliminary ruling to the CJEU.
- Author:
Agnieszka Bień-Kacała
- E-mail:
agnieszka.bien-kacala@usz.edu.pl
- Institution:
Uniwersytet Szczeciński
- ORCID:
https://orcid.org/0000-0002-9559-3130
- Year of publication:
2024
- Source:
Show
- Pages:
165-180
- DOI Address:
https://doi.org/10.15804/ppk.2024.05.12
- PDF:
ppk/81/ppk8112.pdf
Confrontational Stance of the Jurisprudence of the Polish and Romanian Constitutional Courts Towards the Primacy of the EU Law
The paper discusses the problem of confrontational stance within the jurisprudence of the Polish and Romanian constitutional courts concerning the primacy of the European Union law. Initially, these courts developed the EU-friendly interpretation of their constitutions. They also indicated the scope of the constitutional identity of the respective states based on general constitutional provisions in Poland and on unamendable provisions in Romania. Both courts questioned this kind of interpretation in 2021. The paper compares the CT and CC judgments, determining the scope of disagreement between constitutional courts and the European Union bodies, especially the CJEU. The problems to be compared were determined according to the rules adopted for comparative law and the comparative research method. The conclusion indicates that the political decisions of the legislative and executive authorities may disregard the confrontational stance of constitutional court jurisprudences.