Case Law of Polish Administrative Courts

Case Law of Polish Administrative Courts
Author:
Publisher:
Total Pages: 164
Release: 2013
Genre:
ISBN:

This publication contains a selection of recent case law of Polish administrative courts. It gives an overview of current judicial practice of administrative jurisdiction in Poland.

National Courts and the Application of EU Law

National Courts and the Application of EU Law
Author: Monika Domańska
Publisher: Taylor & Francis
Total Pages: 306
Release: 2023-09-01
Genre: Law
ISBN: 1000937348

This book presents the case law of Polish courts, namely the Supreme Court, administrative courts and the Constitutional Tribunal, in which the principles of EU law have been successfully applied. It discusses how Polish courts apply principles of consistent interpretation, primacy and direct effect of EU law in their daily adjudicating practice in order to ensure effet utile of EU law, resulting in effective protection of individuals' rights derived from the EU legal order. The book explores the legal nature of these principles and, in particular, the requirement that national rules that are found to be incompatible with legally binding and enforceable EU law should be disapplied by the domestic courts. It explains Polish courts’ reasoning concerning the inseparable relationship between the principle of primacy of EU law and the remedy of disapplication of national law. As the guidelines provided for the national courts by the Court of Justice of the European Union are often quite vague, the work will be important and useful for academics and practitioners from different European jurisdictions to observe the manner in which these principles of EU law are applied in jurisdictions other than their own.

Foundations of Law: The Polish Perspective

Foundations of Law: The Polish Perspective
Author: Wojciech Dajczak
Publisher: Virtualo
Total Pages: 841
Release: 2021-06-09
Genre: Law
ISBN: 8382462987

“Foundations of Law: The Polish Perspective” covers a range of issues forming the core of academic legal education in Poland. It provides basic knowledge about Polish law and Polish legal culture, and constitutes an innovative introduction to the European approach to the concept of law, legal reasoning, recent challenges and the problems of legal development. hr img src= "https://static.profinfo.pl/file/core_files/2017/6/20/abb6a0de6f593344efcd8c3abe756249/Ico_Gray_17.gif" alt="Ico_Gray_17.gif [486 B]" width="40" The book contains nineteen chapters, the aim of each being to give an understandable presentation and discussion of a specific area of law. The early chapters present an overview of the historical foundations of Polish law and the Polish theory and philosophy of law. The following chapters address private, public, criminal and economic law as is applied in Poland. Diagrams have been included to increase clarity of the text and some contributions are supplemented with case studies. Further reading in other languages recommended by the authors of individual chapters will facilitate a more in-depth understanding of Polish law and Polish legal culture as a part of the tradition of civil law, which is currently also a reflection of the legislative activity of the European Union. hr This publication is the joint work of members of the Faculty of Law and Administration, Adam Mickiewicz University, Poznań. The Faculty is one of the largest and best law schools in Poland and has been consistently rated as one of the best in the country. The Faculty was established in its original form in 1919, at the same time as the University itself. The Faculty meets the requirements of contemporary trends in higher education by conducting high level research. The academic staff recognize the demands of social processes and seek to create value for society, science, culture and the economy. Consequently, the results of the research conducted at the University at local, international and interdisciplinary level may be applied in practice.

Differences in court hearings in Poland and America

Differences in court hearings in Poland and America
Author: Anika Grudziak
Publisher: GRIN Verlag
Total Pages: 39
Release: 2023-03-07
Genre: Law
ISBN: 3346825981

Intermediate Examination Paper from the year 2023 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1, Kozminski University, language: English, abstract: This paper is going to demonstrate the differences between Polish and American judicial hearings. It points out that the most visible differences, such as: codification of continental law visible primarily in the practice of law by lawyers and the differences on the basis of procedural law. In the first chapter, there is described Polish and the American legal system. Each set of legal systems was formed in the different conditions under the influence of different factors. It was a natural process. Each of the systems is optimal for the social, economic and historical environment in which it operates. Then, the advantages and disadvantages of both models (the common law, civil law) are pointed out. The second chapter describes the case-law of Polish and the US courts. This section describes in detail the case of an American O. J. Simpson, accused of a double murder. In the third chapter, there is indicated a judicial practice in Polish and American judicial system. Example of American jurisprudence is shown by the case “Roe versus Wade". This chapter also includes the differences in the terminology used in legal language and cultural differences in the field of customs and legal communication styles.

Defending Checks and Balances in EU Member States

Defending Checks and Balances in EU Member States
Author: Armin von Bogdandy
Publisher: Springer Nature
Total Pages: 478
Release: 2021-01-05
Genre: Law
ISBN: 366262317X

This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

Poland's Constitutional Breakdown

Poland's Constitutional Breakdown
Author: Wojciech Sadurski
Publisher: Oxford Comparative Constitutio
Total Pages: 305
Release: 2019-05-16
Genre: Law
ISBN: 0198840500

Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
Author: Anneli Albi
Publisher: Springer
Total Pages: 1522
Release: 2019-05-29
Genre: Law
ISBN: 9462652732

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.