The “International” Rule of Law in the Polish Administrative Court’s Jurisprudence

Majchrzak, Bartosz (2023) The “International” Rule of Law in the Polish Administrative Court’s Jurisprudence. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 4 (2). pp. 143-161. ISSN 2732-0707 (print); 2732-1460 (online)

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Abstract

This study analyses the jurisprudence of Polish administrative courts, referring to the concept of the “international” rule of law, and thus, to the concept interpreted by the courts based on sources of law binding on Poland adopted at the supranational level (international agreements and law created by the European Union). The following jurisprudence issues emerge: 1) interna- tional and EU legal bases for the protection of the rule of law and the resulting meaning of this concept; 2) international versus national approach to the rule of law; 3) the rule of law – principle or value; 4) normative sources (national and supranational) of the general obligation of administrative courts to implement the international rule of law; 5) the order to implement it as an element determin- ing the jurisdiction of administrative courts and the pattern of control exercised by these courts. In this context, it was stated, inter alia, that according to the jurisprudence of administrative courts, the ‘international’ rule of law primarily implies effective judicial protection of individual rights, guaranteed by indepen- dent courts, impartial and irremovable judges who have been duly appointed.

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