Binding of Polish Courts by Interpretative Judgments in National and European Context
Binding of Polish Courts by Interpretative Judgments in National and European Context

Summary/Abstract: The study is of a scientific and research nature, devoted to the most characteristic type of op-erative interpretation related to judicial interpretation. The subject of the research, carried out usingthe method of dogmatic analysis of law, is the verification of two problems: the binding of the courtof first instance to the legal assessments made by the appellate court and the extent to which Polishcourts are bound by the judgments of the Court of Justice of the European Union on the interpreta-tion and application of EU regulations. The authors draw attention to the necessity of analyzing theinterpretation of regulations, made in the justifications of court decisions. This is very interesting inthe context of judicial independence and the great freedom of judges to interpret laws and phenom-ena. However, it also raises a number of doubts about the extent of the relationship with such freelyinterpreted content. The scope of the research and the results obtained are international in nature andcan be of significant cognitive value to the science and practice of law application.

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