COOPERATION OF POLISH COURTS WITH THE COURT OF JUSTICE OF THE EU - PAWEŁ MARCISZ

Discover a fascinating analysis of the cooperation between Polish courts and the Court of Justice of the European Union. This book is not only a dogmatic consideration but also an empirical study that shows how the Court's judgments affect judicial practice in Poland. Immerse yourself in the world of law and see how theory connects with reality.

• Dogmatic considerations combined with empirical studies.
• Interviews with judges showing the practical use of CJEU judgments.
• Analysis of key issues regarding preliminary questions.
• Detailed discussion of the doctrines of acte clair and acte éclairé.
• Presentation of problems related to the crisis of the rule of law.
• Three perspectives: sociological, dogmatic, and practical.

The book focuses on the functioning of the preliminary reference procedure in Polish administrative courts. It combines dogmatic considerations with empirical studies - interviews with judges - which show how the judgments of the Court of Justice of the European Union are used in judicial practice.

The findings from interviews with judges are the starting point for further analysis, juxtaposed with legal provisions and the case law of the Court of Justice of the European Union. The considerations focus on three key issues: What can be the subject of a preliminary question? Who can ask a preliminary question? Who and when is obliged to ask it?

The author also addresses detailed topics such as: how to draft referral decisions, the actual scope of cases referred to the Court, the definition of "court" within the meaning of Article 267 TFEU, the protection of the right to ask a question, and the functions of the preliminary reference procedure in the Polish legal system. Special attention is paid to the doctrines of acte clair and acte clair and the means of protecting the individual in the event of a breach of the preliminary obligation by the court.

The publication presents the problems that the crisis of the rule of law poses for the preliminary reference procedure. It combines three perspectives: sociological studies of Polish judges, dogmatic legal analysis, and practical problems in the application of EU and national law. The book is intended in particular for lawyers, judges, legal advisors, and tax advisors. It will also be of interest to researchers dealing with European Union law and civil or administrative court proceedings, as well as law students interested in the functioning of the judiciary in the context of EU law.

Wolters Kluwer is a renowned publishing house that has been providing high-quality legal publications for years. Their books are valued for their reliability, topicality, and practical approach to the issues discussed. By choosing Wolters Kluwer publications, you can be sure that you are gaining access to knowledge at the highest level.