Europejski charakter sądu krajowego
- 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.