Instytucja pytań prejudycjalnych do Trybunału Sprawiedliwości w praktyce Sądu Najwyższego RP
The Institution of Preliminary References to The Court of Justice in the Practice of The Supreme Court of Poland

Summary/Abstract: The article discusses the experience of the Polish Supreme Court with 31 preliminary references to the Court of Justice. It presents the subject-matter of the references, the circumstances which had been taken into account before the reference was made or before the motion to refer was rejected (by use of acte clair or acte éclairé). It provides practical guidance as to when and how to refer, and how to reason the reference. The article also analyses the impact of a preliminary ruling on the judicial decision and reasoning following the judgement of the Court of Justice, by elaborating on how the Supreme Court adjudicated after the referral.

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