State liability for violation of European Union law—a Polish perspective
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- Półtorak, N. ERA Forum (2012) 13: 185. doi:10.1007/s12027-012-0255-y
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State liability for damage incurred as result of violation of European Union law is by now a well-established principle of European Union law. It is a principle still encapsulated in case law, the member states having chosen not to incorporate it into the primary law of the European Union. The principle has influenced national rules on the liability for damages and the case-law of national courts. This article aims to provide an overview of such influence on the Polish law concerning state liability. This process is visible in Polish law. However as will be indicated, the influence has been insufficient to guarantee either compliance of Polish legislation with European Union law or compliance with the principle of the effectiveness of Union law. This also relates to the case-law of Polish courts, as surprisingly, the European Union principle of liability for damages has enabled the courts to limit and restrict the interpretation of Polish law provisions. Yet so far there has been no case-law enabling the principle to be used to support the approach of Polish law under which the adoption of rules of liability favorable to the aggrieved party is enabled.