Published: 2018-03-15

The Principle of Effectiveness as the Grounds for the Polish Supreme Administrative Court’s Obligation to Apply EU Law of Its Own Motion

Konrad Łuczak
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2017.17.3.05

Abstract

Summary

The aim of this article was to determine whether in certain cassation cases heard by the Polish Supreme Administrative Count (SAC) there may be an obligation resting on this court to take EU law into consideration of its own motion, on the grounds of the EU principle of effectiveness. The article is divided into three parts. The first part describes the grounds for cassation and the bounds to the SAC’s adjudication. The second part presents the principle of effectiveness and the way in which it is applied with respect to Poland’s domestic procedural regulations. Te last part examines three conditions for the construction of grounds for complaint from the point of view of the principle of effectiveness. The following conclusions may be drawn from my study. On the one hand, there is no obligation for the SAC to apply EU law of its own motion if no grounds for cassation have been drawn up on the basis of EU law at all, or if they have been formulated incorrectly, without a specification which provision of EU law has been breached. But on the other hand the SAC is obliged to take EU law into consideration in the event of a renewed complaint should it turn out that its original verdict was incompatible with the preliminary ruling issued by the EU Court of Justice.

Keywords:

Supreme Administrative Court, cassation complaint, grounds for complaint, bounds to a cassation complaint, EU law, principle of effectiveness, a court’s application of EU law of its own motion.

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Citation rules

Łuczak, K. (2018). The Principle of Effectiveness as the Grounds for the Polish Supreme Administrative Court’s Obligation to Apply EU Law of Its Own Motion. Zeszyty Prawnicze, 17(3), 135–164. https://doi.org/10.21697/zp.2017.17.3.05

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