Wykładnia prounijna w orzecznictwie Polskiego Trybunału Konstytucyjnego (1997–2005)
| Autor: | Andrzej Madeja |
|---|---|
| Rok vydání: | 2011 |
| Předmět: |
“pro-Union” interpretation
Statement (logic) Judicial review Interpretation (philosophy) media_common.quotation_subject judicature law constitutionality judicial review “conformity” interpretation Political system Law Political science Constitutional Court Poland Meaning (existential) Constitutional court Constitutional law European integration EU law order Duty media_common |
| Zdroj: | Studia Iuridica Toruniensia. 8:142 |
| ISSN: | 1689-5258 |
| DOI: | 10.12775/sit.2011.006 |
| Popis: | Submitted paper is dedicated to the issue of national law interpretation performed in conformity with the requirements of EU law, co-called “pro- Union” interpretation. In the fi rst part there is delivered a bundle of introductory remarks, showing the character of problem in theoretical terms (the idea of conformity interpretation as a duty of Membership-State’s law applying institutions, presented by ECJ as a one of fundamental principle of EU; its origins, merit, the way it is opertaional in general, and terminological controversies). The second part is a main one. A number of adjudications, issued by Polish Constitutional Court in an period of signifi cant alterations of Polish political system 1997–2005, are analyzed in order to reconstruct the idea of „pro-Union” interpretation represented in a view of the Court’s judges. The survey is performed in an chronological order, but with regard to the general constitutional law principle. Author is not directly concerned with specifi c legal matters to which each of the decisions refers, but tries to infer and obtain merits relevant to the subject of a contribution, declared “by the way” of solving of an exact constitutional controversy. The last part is an attempt of yielding a few general conclusions by comparing opinion of the Polish Court with a view of ECJ and scholars. The article is summed up by a general statement that analyzed method of interpretation is fully accepted by Polish Constitutional Court. Its practical meaning, though slowly, but constantly rises in the scope of judiciary as well as legislature activity, especially after 1st May 2004 – the day of an admission of Poland to the EU structures. Normal 0 21 false false false PL X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:Standardowy; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman","serif";} |
| Databáze: | OpenAIRE |
| Externí odkaz: |
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