Abstract
This article discusses the Polish legal framework for raising issues ex officio in civil procedure, and how this interacts with requirements laid down by the European Court of Justice that certain issues of European Union law be raised on the national judge’s own motion. The article looks at how the Polish courts have complied with the case-law of the European Court of Justice in this respect.
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This paper is based on a contribution given at the conference on Effective Judicial Protection in European Union Law, organised by ERA in cooperation with the French National Judicial School (ENM) and the French Court of Cassation on 15–16 February 2010 in Paris.
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Open Access This is an open access article distributed under the terms of the Creative Commons Attribution Noncommercial License (https://creativecommons.org/licenses/by-nc/2.0), which permits any noncommercial use, distribution, and reproduction in any medium, provided the original author(s) and source are credited.
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Ereciński, T. When must national judges raise European law issues on their own motion?. ERA Forum 11, 525–529 (2011). https://doi.org/10.1007/s12027-010-0177-5
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DOI: https://doi.org/10.1007/s12027-010-0177-5