The Pre-Accession Adaptation of the Polish Law to the EU Law
The Pre-Accession Adaptation of the Polish Law to the EU Law

Author(s): Przemysław Saganek
Subject(s): Constitutional Law, EU-Legislation
Published by: Institut za uporedno pravo
Summary/Abstract: Poland is a member of the European Union since May 1, 2004. It has to abide to the obligations connected with the membership, whether they stem from directly or indirectly applicable instruments, directly or indirectly effective ones and so on. That is why the topic of the pre-accession adaptation may seem to be a subject of historical importance only, not deserving special attention more than five years after the accession. That is true only partly. First, for the non-member states taking into consideration the perspective of possible future accession it is still important which instruments are to be adopted before the accession and which could be adopted on its day. Secondly, the appropriate adaptation is a deal made for the future, that is the moment of the accession and the time of membership. On the other hand, any mistake made at the occasion of the preaccession adaptation may have (and usually has) the tendency to persist and can give rise to the claims of the Commission, the other Member States before the ECJ and the private parties before domestic courts.

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