Glosa do wyroku Trybunału Sprawiedliwości UE z 11 czerwca 2020 r., sygn. akt C-634/18
Commentary on the Judgment of Court (First Chamber) of 11 June 2020, C-634/18

Summary/Abstract: This gloss is a comment to the Judgment of Court (First Chamber) of 11 June 2020, C-634/18. In this judgment, the Court ruled that Article 4(2) (a) of Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, read in conjunction with Article (1)(c) thereof, and Articles 20, 21 and 49 of the Charter of Fundamental Rights of the European Union, must be interpreted as not precluding a Member State from classifying as a criminal offence the possession of a significant quantity of narcotic drugs or psychotropic substances both for personal consumption and for illicit drug trafficking, while leaving the interpretation of the concept of ‘significant quantity of narcotic drugs or psychotropic substances’ to the discretion of the national courts, on a case-by-case basis, provided that that interpretation is reasonably foreseeable. The author agreed with the Judgment of Court analysed Article 62(2) of the Law on combating drug addiction and pointed at discrepancies in judgments of Polish courts and the doctrine. The author also concluded that this situation interpretation of ‘significant quantity of narcotic drugs or psychotropic substances’ couldn’t be foreseen, because in the judgments of Polish courts there are differences in interpretation of the definition of ‘significant quantity of narcotic drugs or psychotropic substances’ and for situations if we should check drugs are for personal consumption or illicit drug trafficking.

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