Poland: Constitutional Tribunal on the Preliminary Ruling Procedure and the Division of Competences Between National Courts and the Court of Justice

Extract

On 19 December 2006 the Polish Constitutional Tribunal delivered an interesting ruling on the division of powers between national courts and the Court of Justice in the interpretation of EU law. The Tribunal declined jurisdiction to answer a question on the conformity of the Polish law on excise duty with Article 90 EC and ruled that the issue at stake was the interpretation of EC law, thus falling within the jurisdiction of the Court of Justice. At the same time, however, the Constitutional Tribunal reserved its jurisdiction to handle EU-related matters with constitutional implications. This development fits nicely into the growing list of the Tribunal's decisions touching upon important legal issues linked to Poland's membership in the European Union.