Problem dochodzenia roszczen z prawa Unii przed sadami krajowymi (po Traktacie Lizbonskim) - doktryna a praktyka polska
THE ISSUE OF VINDICATION OF CLAIMS BEFORE DOMESTIC COURTS UNDER THE EUROPEAN UNION LAW - THE DOCTRINE VERSUS POLISH PRACTICE (AFTER THE TREATY OF LISBON)
Since the accession of Poland to the European Union our administration of justice in its functional aspect has a dualistic character. In the light of the treaty obligations, the duties of a domestic court (especially within the protection of rights based on the Union regulations) cause that before a court starts to investigate a case, it should answer a question whether it is to deal with a matter under the Union law or a clearly domestic situation. It is so because only the latter situation is subject to domestic order. On the other hand, the existence of the union regulations excludes a possibility to apply domestic law. The Treaty of Lisbon obligates the Member States to provide judicial means of the Union rights protection in domestic laws as in the past the effectiveness in this area was low. The phenomenon has its exemplification in the Polish legal order where both the Union and domestic regulations are violated. In the Polish administration of law, however, there are serious problems which hinder respecting the protection of the Union rights. It also refers to Polish courts, especially as the application of the Union law by courts is complicated, laborious and requires high qualifications.
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