National Courts and the Application of EU Law: Lessons from Poland

This book discusses how Polish courts apply EU law principles to ensure effective protection of individual rights derived from the EU legal order. It explores the legal nature of these principles and the requirement that national rules that are incompatible with EU law should be disapplied. It will be useful for academics and practitioners from different European jurisdictions to observe how these principles are applied in other jurisdictions.

Format: Hardback
Length: 308 pages
Publication date: 01 September 2023
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the intricate realm of Polish court jurisprudence, encompassing the esteemed Supreme Court, administrative courts, and the Constitutional Tribunal. It showcases the successful application of European Union (EU) law principles within these judicial bodies. The author explores how Polish courts employ a rigorous methodology to ensure the effective implementation of EU law, thereby safeguarding the rights of individuals derived from the EU legal order.

The book delves into the legal nature of these principles, emphasizing the requirement that national rules that conflict with legally binding and enforceable EU law must be invalidated by domestic courts. It sheds light on the reasoning behind the inseparable relationship between the principle of primacy of EU law and the remedy of disapplication of national law. Recognizing the often vague guidelines provided by the Court of Justice of the European Union, this work assumes significant importance and value for academics and practitioners from diverse European jurisdictions. It offers a valuable insight into how these principles of EU law are applied in different legal contexts, fostering a deeper understanding and appreciation of the EU legal framework.

Weight: 750g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032446257