Opinia prawna na temat odpowiedzialności ministra za niewykonanie prawa Unii Europejskiej
Legal opinion on the responsibility of a minister for non-compliance with European Union law
Author(s): Piotr CzarnySubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, International Law
Published by: Kancelaria Sejmu
Keywords: minister; Constitutional liability; Tribunal of State; European Union
Summary/Abstract: Council and European Parliament regulations are legalacts which are directly applicable in the Polish legal order, what results in an require‑ment of their application by all public authorities without issuing national executiveacts. Non execution by a minister of EU acts may consist in a desistence of material andorganizational activities required for their practical application. Violation of the law bythe ministers results in their political responsibility. Moreover a criminal responsibilityfor failing to perform official duties may be imposed on former and current ministers. With regard to constitutional liability, its application may be made with a precedentjudgment of the Tribunal of State. This liability may be limited by the limitation period.
Journal: Zeszyty Prawnicze BAS
- Issue Year: 2017
- Issue No: 2
- Page Range: 49-56
- Page Count: 8
- Language: Polish