ABSTRACT

This chapter covers how the Polish Supreme Court understands and applies the duty of consistent interpretation of national law with EU law. The chapter discusses the reception of this duty by the Supreme Court, elements of the principle of consistent interpretation as understood by it, a presentation of how the Supreme Court follows the interpretation of EU law adopted by the CJ, what the limits of consistent interpretation as seen by the Supreme Court are, and when or how far that court decided to depart from the results of a standard interpretation of national law to secure the effectiveness of EU law. This chapter also presents various consequences of consistent interpretation of Polish law with EU law as seen from the perspective of the Supreme Court and the point of view of an individual being party to judicial proceedings in civil and criminal matters.