Problems of consistent interpretation of substantive criminal law illustrated on the basis of Polish regulation pertaining to punishability of inside information disclosure
Problems of consistent interpretation of substantive criminal law illustrated on the basis of Polish regulation pertaining to punishability of inside information disclosure

Summary/Abstract: There is no doubt that membership in the European Union results in the multitude of decision-making centres responsible for applying, legislating and interpreting law, which does not facilitate the interpretation of norms referring to the matters covered by the EU law. There is also no doubt that in cases where EU law regulations referring to other areas of law will affect the modification of the statutory description of prohibited acts, the obvious question arises about the possibility of the citizen predicting what is punishable and what is already decriminalized. Therefore, it is also necessary to redefine this aspect and to ask the question about how to treat any possible mistake of law in the field of EU regulation. In this text I will point out the practical problems resulting from the increasingly frequent obligation to take into account European Union law in the course of interpretation of national provisions of substantive criminal law. This particularly pertains to cases in which a failure of the national legislator creates a necessity to resort to alternative methods of ensuring full effectiveness of EU law (mainly by way of consistent interpretation).

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