Comments on the application of public international law and the European Union law in the Polish legal order. Outline of the issue Cover Image

Uwagi na temat stosowania w polskim porządku prawnym prawa międzynarodowego publicznego i prawa Unii Europejskiej. Zarys problematyki
Comments on the application of public international law and the European Union law in the Polish legal order. Outline of the issue

Author(s): Piotr Laski
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International Law, EU-Legislation
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: implementation of law; legal order; effectiveness of law; application of law; international law; European Union law; sovereignty

Summary/Abstract: This article aims to analyse the relationship between Polish law and European Union law. The central issue is to examine the primacy of EU law norms in the context of national law. The author attempts to understand the dominant nature of both legal systems, pointing to the issue of Poland’s sovereignty in the context of integration with the European Union. The starting point for this discussion was an analysis of the approach taken by the Polish Constitutional Tribunal towards EU bodies, with particular emphasis on the role of the Court of Justice of the European Union. The text highlights the essence of sovereignty of the Polish state in the context of transferring the competences of state authorities to the EU, especially in the area of justice. It is argued that such interaction does not constitute a violation of sovereignty, but is the result of a Member State’s compliance with international agreements. The author shows the complexity of the relationship between the domestic law, the EU law and the sovereignty of the Polish state, which may affect the perception of sovereignty in the context of the formation of domestic law in the face of integration with the EU The author tries to shed light on the dynamic interactions between the two legal systems, focusing on changing the shape of Poland’s national law in the prism of European integration. The ultimate aim of this study is to debate the possibility of reconciling the principle of the primacy of the Constitution of the Republic of Poland on the one hand and the principle of the primacy of EU law on the other.

  • Issue Year: 2024
  • Issue No: 50 (4)
  • Page Range: 105-119
  • Page Count: 15
  • Language: English
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