The consequences of non-compliance of national courts with EU law

The lecture has the aim to provide students with a detailed knowledge of the manner in which EU law has an impact on decisions of national courts if they prove to be contrary with EU law and the consequences which are provided by EU law in relation to the handing down by a national court of a final ruling being in breach of EU law.

The treaties constituting the basis for the functioning of the EU (Treaty on European Union - TEU, Treaty on the Functioning of the European Union - TFEU) do not contain provisions which directly regulate the status, effects or sanctions against final rulings of national courts which are in breach of the law. However, with the passage of time, there are more and more rulings of the European Court of Justice (ECJ) in which the Court creates – on the basis of a creative interpretation of the provisions of the TEU and TFEU – more and more exceptions to the rule on certainty of law and in this way has a significant impact on the status of final national rulings which are in breach of EU law. EU law has an impact on final decisions of national courts if they prove to be contrary with EU law and establishes mechanism, which apply in such situations.

These mechanisms include: (1) the liability of the State for a breach of EU law by way of a final national decision (compensation mechanism); (2) a mechanism making it possible to review a final national decision being in breach of EU law or challenge a final administrative decision the legality of which was confirmed by a final national decision being in breach of EU law (review mechanism); (3) a mechanism consisting in a limitation of the binding power (limitation of legal effects, non-applicability) of the final ruling in whole or in the part in which it is in breach of EU law (non-application mechanism); (4) it was also shown that it is possible to avail of the procedures under Art. 258-260 of the TFEU with regard to final national decisions being in breach of EU law, which procedures allow the Commission or a Member State to commence proceedings before the ECJ aimed at ascertaining a breach of EU law by an EU Member State (infringement mechanism). These mechanism shall be subject of discussion during the lecture.

1. Introduction: the application of EU Law by national courts

2. Fundamental principles of EU law applied by national courts

3. The liability of the State for a breach of EU law by way of a final national decision

4. Mechanism of making it possible to review a final national decision being in breach of EU law or challenge a final administrative decision the legality of which was confirmed by a final national decision being in breach of EU law;

5. Mechanism consisting in a limitation of the binding power (limitation of legal effects, non-applicability) of the final ruling in whole or in the part in which it is in breach of EU law;

6.Procedures under Art. 258-260 of the TFEU and their application with regard to final national decisions being in breach of EU law, which procedures allow the Commission or a Member State to commence proceedings before the ECJ aimed at ascertaining a breach of EU law by an EU Member State.

Student's workload:

lecture - 15 h

preparation to the lecture - 15 h

preparation to the exam - 30 h

altogether - 60 h

J. Barcz (red.), Ustrój Unii Europejskiej, (2 wyd.), Warszawa 2010

N. Półtorak, Odpowiedzialność odszkodowawcza państwa w prawie Wspólnot Europejskich, Kraków 2002

N. Półtorak, Ochrona uprawnień wynikających z prawa Unii Europejskiej w postępowaniach krajowych, Warszawa 2010

A. Sikora, Sankcje finansowe w razie niewykonania wyroków TSUE, Warszawa 2011

M. Taborowski, Konsekwencje naruszenia prawa Unii Europejskiej przez sądy krajowe, Warszawa 2012

A. Wróbel (red.), Stosowanie prawa Unii Europejskiej przez sądy, Warszawa 2005

R. Matefi, M. Musan, ECJ case law and its impact on the evolution of administrative liability; state liability for infringement, "Bulletin of the Transilvania University of Braşov. Series VII : Social Sciences and Law" 2011, Vol.4(1), s.117-120

B. Roosebeke, State Liability for Breaches of European Law: An economic analysis, Wiesbaden 2007

Knowledge

Upon completion of the course, the student will:

1) have knowledge about liability of States for a breach of EU law,

2) be aware of the basic principles of EU law which impose on Member States specific obligations linked to application of EU law,

3) have a theoretic knowledge of the functioning of procedures under Art. 258-260 of the Treaty on the functioning of the European Union

4) gain knowledge on the functioning of the rules of compensation liability in EU law,

5) gain knowledge on implementation of the principles of compensation liability of a State for a breach of EU law into Polish law.

Skills

The student will be able to:

1) indicate the circumstances in which a State is liable for a breach of EU law and what EU law provides mechanisms for this purpose,

2) list and apply the pre-requisites for compensation liability of a State for a breach of EU law,

3) specify what authorities the State is responsible for in the light of EU law,

4) specify before which authorities (national, EU) may one assert liability of a State for a breach of EU law,

5) indicate the circumstances in which it is possible to commence the procedures under Art. 258-260 of the TFEU against a Member State.

Social skills

Upon completion of the course, the student will:

1. have greater independence as regards applying theoretic knowledge in the context of compensation liability of a State for a breach of EU law,

2. be able to independently analyze the relevant sources of law and case law of the ECJ with regard liability of a State for a breach of EU law,

3. be more reliable and honest thanks to a rigorous enforcement of examination requirements.

Presence at lectures (two absences possible), oral egzamination/case study are the final evaluation criteria