W poszukiwaniu remedium na bezradność jednostki wobec unikania przez sądy krajowe pytań prejudycjalnych do TSUE – stanowisko ETPCz i sądów konstytucyjnych państw członkowskich
Journal Title: Studia Iuridica - Year 2018, Vol 76, Issue
Abstract
Preliminary reference to the CJEU is one of the most important achievements of the EU law. In the multicentric legal system it becomes a kind of guarantee to ensure a uniform interpretation of the EU law by courts of the Member States. However, not only is preliminary ruling an aid for judges, who adjudicate cases connected with EU law, but also it might create a possibility for individuals to have their EU rights protected. Unfortunately, EU law does not predict any effective measure, which would protect individual, when a court of the Member State unlawfully refuses to make a preliminary reference. An interesting phenomenon is an attempt to fill this gap by the European Court of Human Rights and constitutional courts of the Member States (especially the German Federal Constitutional Court) in recent years. In their case law, refusing to make a preliminary reference by courts, which are obligated to do that, was qualified as a violation of the right to a fair trial (ECHR) or the right to a lawful judge (constitutional courts). The aim of this article is to consider hitherto situation and to discuss it from the perspective of Polish law.<br/><br/>
Authors and Affiliations
Hubert Bekisz
Keywords
Related Articles
- EP ID EP436239
- DOI -
- Views 68
- Downloads 0
Znaczenie przesłanki „ciężkiego naruszenia podstawowych obowiązków” w rozwiązaniu stosunku pracy bez wypowiedzenia przez pracownika i pracodawcę
The article deals with the problem of understanding of the notion of “serious breach of basic obligations” which is a premise of termination of labour contract without notice both for employer and employee. Because the t...
Spór o Trybunał Konstytucyjny – geneza i istota problemu, skutki, scenariusze na przyszłość
The dispute over the Constitutional Tribunal is primarily of a personal nature and concerns two issues: 1) the legality of choosing three people for the position of judge of the Constitutional Tribunal: Mariusz Muszyński...
Zawezwanie do próby ugodowej. Brak skutku przedawnienia terminu przedawnienia
An important problem of practical application of the law is invalid perpetuated judicial practice. It connects call for mediation with art. 184 of the Civil Code, with the effects of limitations of art. 123 § 1 of the Ci...
Philosophical Roots of Punishment in Modern Criminal Law and Its Practical Limits (with Special Regard to Foreign Cultures and Terrorism)
The article deals with three main ideas. (1) The philosophical roots of punishment in modern criminal law are the same in countries that very much differ among each other as far as the level of severity of their systems...
Searching Legal Information Using a Natural Language
The article deals with a problem of constructing computer retrieval systems based on the use of natural language. Those kind of systems differ from the classical ones and relay on the idea that the user should have the p...