ABSTRACT

The relationship between the national legal system and EU law is still raising various issues calling for a closer examination, particularly, at the level of application of EU law by national courts. On the one hand, direct effect, consistent interpretation, and the principle of primacy are closely linked and influence one another. On the other hand, national courts may find in national procedures serious objections which can limit the possibilities of applying these principles. This chapter summarises which issues concerning the application of EU law have already been dealt with by Polish courts and what remaining challenges are for the future.

The chapter contains conclusions regarding the meaning of the EU case and the application of principles of consistent interpretation, primacy, and direct effect by Polish courts. These conclusions were developed on the basis of an analysis of the established case-law of the Polish administrative courts, the Supreme Court, and the Constitutional Tribunal.

This part of the book includes representative outcomes of an adjudicating practice on the level of interaction between national and EU provisions. The aim of this part of the volume is to present a clear picture of the participation of Polish courts in ensuring the effectiveness of EU law in domestic legal orders.