Dr. Maciej Taborowski – deputy of the Department of Law of the European Faculty of Law and Administration at the University of Warsaw, a member of the Program Council of the Archiological Archive
EWA IVANOVA: Attorney General Zbigniew Ziobro has referred to the Constitutional Court for a regulation on which the Supreme Court has suspended the articles of the Supreme Court with regard to the return of judges to early retirement. Do the courts of the countries of the European Union have the possibility to suspend the provisions if national legislation is incompatible with EU law?
DR MACIEJ TABOROWSKY: EU legislation – including the principle of effective judicial protection and the principle of effectiveness of EU law – requires that such a measure be incorporated into the legal order of the Member States. This is clear from the judgments of the Court of Justice of the EU in Factortame (1989) and Unibet (2007). In the Accession Treaty we promised to apply the jurisprudence of the CJEU. In accordance with the EU loyalty principle, we can not ignore Luxembourg's decisions. It is also the result of art. 9 of the Constitution, according to which Poland adheres to international law. Moreover, the principle of effective legal protection was also directly reflected in art. 19 of the Treaty on European Union following the amendments made by the Treaty of Lisbon.
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