Konstytucyjne determinanty stosowania prawa Unii Europejskiej przez organy władzy sądowniczej w Rzeczypospolitej Polskiej
The Constitutional Determinants of the Application of European Union Law by the Polish Judiciary

Summary/Abstract: This article analyses the impact of constitutional regulations (principles) on the process of EU law application by the judicial authorities in Poland, that is courts and tribunals. An attempt is made to answer the question regarding the limits of the judge’s freedom in the application of national and EU laws. Of particular importance is the determination of the relation between EU law and national law, above all the Constitution. One of the consequence of the multicentricity of the system of sources of law, as well as of the principle of Poland’s favouring international law (Article 9 of the Constitution), is the obligation to apply EU legal standards and EU-friendly interpretation of national law by all public authority bodies. As regards the adjudicating activity of the courts, the fact of the binding nature of EU law has a considerable impact on how the principles of the judge’s subordination to the Constitution and acts of law are interpreter as well on the range of freedom as regards the judge’s power to independently determine the basis for adjudication. The conflict-of-laws principles expressed in Article 91(2) and Article 91(3) of the Constitution unambiguously authorise the judge to also refuse to apply acts of law irremovably contradicting provisions of EU primary and secondary law. EU law may also be a factor in the review function of the Constitutional Court. In a limited scope this pertains to abstract review, it is also possible to involve EU law in review triggered by legal questions and constitutional complaints. The fact that EU law is binding may also influence the structure of the constitutional tort, commitment of which entails liability enforced by the State Tribunal. The conclusion includes a number of (legal, political and sociological) limitations of the freedom enjoyed by judges adjudicating in the Polish judicial authorities as regards the loosening of their being absolutely bound by national legislation.

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