We invite you to read the article “Charter of Fundamental Rights of the European Union in the Polish courts. Problems and Challenges” by Mirosław Wróblewski, recently published in the current edition of magazine of Polish National Courts Council no. 2/2015. The article is also available in an electronic version on the kancelaria.lex.pl website, under the following link.
The article analysis the practical issue of applying the Charter of Fundamental Right of the European Union by the Polish courts in day-to-day practice. In the abstract of the article we read as following:
“(…)The basic problem is determining whether in a given case the Charter can be a point of reference for the court, because in the current adjudicating practice in Poland it is usually just an ornament, used to strengthen argumentation in reasons for judgments, rather than the grounds for court decisions. Requests for preliminary rulings addressed by Polish courts to Luxembourg, with references to the Charter, show lack of understanding of the rules that govern its application. Yet the guidelines contained in the Court’s judgments on the scope of application of the Charter, until now absent in the Polish case law, are starting to appear in administrative courts. It seems that correct application of those guidelines is a condition for Polish courts using the potential for protection of fundamental rights laid down in the Charter.”
All right to the article reserved to the author and publisher.
Mirosław Wróblewski is a solicitor, director of Constitutional, International and European Law Council in the Ombudsman Office in Poland, member of the board of directors of European Union Agency for Fundamental Rights.