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TRANSFORMATION OF THE JURISPRUDENCE LINE OF POLISH COURTS IN CASES CONCERNING THE EFFECTIVENESS OF INTERNATIONAL AGREEMENTS IN THE INTERNAL LEGAL ORDER AFTER WORLD WAR II - THEORY AND PRACTICE
Ben SASSI1
Selected Interantional Aspects of Legal Regulations
Publication language: Polish
Journal article
Transformations No. 2 (109) 2021, Publication date: 22 June 2021
Keywords: international agreements; international law; Peoples Republic of Poland; the effectiveness of international law in domestic law; ex proprio vigore; jurisprudence of the courts of the People's Republic of Poland
Abstract During the era of the constitution of the Polish People's Republic, the positions regarding the relations between international and national law, taken by the Supreme Court, the Supreme Administrative Court and – to some degree – the Constitutional Tribunal, were heterogeneous. A lack of coherence in considering the same matter can be particularly observed over the years. A characteristic feature of the jurisprudence of this period is the multidimensionality of the courts' concern in cases such as the relation of an international treaty to a law, the validity of the prioprio vigore, self-executing norms, or ratification and publication in the Journal of Laws as a prerequisite for the validity of contracts in the internal order. Adjudicating judges focused not only on the issue of practical compliance with the provisions of an international treaty in the internal order, but also on the way of its appliance. This practice, from the point of view of the national judge, was justified due to the absence of a constitutional norm defining the status of the sources of international law in national law. The aim of this article is to analyse the evolution that took place at the turn of the century when it comes to the issue at hand. It will allow to assess the effectiveness of historical solutions and demonstrate their imperfection from the perspective of current legislation.
Katedra Teorii, Filozofii i Historii Prawa, Akademia Leona Koźmińskiego, Warszawa, Polska
ORCID: 0000-0003-4430-6020
E-mail: bsassi@kozminski.edu.pl