OBOWIĄZEK PROUNIJNEJ INTERPRETACJI PRAWA KARNEGO
THE PRINCIPLE OF CONFORM INTERPRETATION OF CRIMINAL LAW

Summary/Abstract: The article considers the first judgment of the European Court of Justice (in Marii Pupino case), given on 16 June, 2005 under article 35 of the Treaty of the European Union (procedure pf preliminary rulings in III pillar of the UE), in which Court set forth the principles of interpretation of framework decisions and the mechanism of preliminary rulings in III pillar of the UE. The European Court of Justice rules that “the national court is required to take into consideration all the rules of national law and to interpret them, so far as possible, in the light of the wording and purpose of the Framework Decision.” First, the author explains the nature and legal basic of the principle of conform interpretation of criminal law (pro-European interpretation, the principle of indirect effect). Then, some aspects of the obligation of pro-European interpretation of national law in the field of police and judicial cooperation in criminal matters of the UE are analyzed. The article answers the question where, in the light of the judgment of the European Court of Justice in Marii Pupino case, the limits of applying principle of conform interpretation of criminal law are. Finally, the author discusses possibility of applying the principle of priority of European law in the field of police and judicial cooperation in criminal matters.

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