Basics of Law (3)

The concept of law and the

principles of the application
and interpretation of law
 Case 3
Polish Company ASD SA operates on Polish, German
and Ukrainian market as the company selling special
type of chemical substance. Company misuses its
competitive position on all these markets by not
allowing other Comanies to enter them.
1) Which law is applicable to claims of Companies
in such situation, if Polish court has
jurisdiction?
2) What would be the answer, if only one
Company would like to enter these markets?
 Case 4
Russian Company FFF sells products with trademark
FGH on Russian and Polish market. In Poland there
is a Company ASD which also has products with
trademark faGH. Consumers are confused by the
similar appearance of both trademarks.
1) Which law is applicable to claims of Company
ASD against Comapny FFF, if Polish court has
jurisdiction?
2) What would be the answer, if Company FFF
sold their products in Poland only via Internet
 Promulgation

For the binding character of the legal act it is

necessary to promulgate it in the official journal.
For example:
1) Dziennik Ustaw Rzeczypospolitej Polskiej (Dz. U.)
(the Journal of Laws of the Republic of Poland)
2) Dziennik Ustaw Rzeczypospolitej Polskiej „Monitor
Polski” (M.P.).
3) Official Journal
Dz. U.
M.P.
Official Journal
 Rules to solve conflicts
between legal norms
- Superior law act derogates the
application of the inferior law act (lex
superior derogat legi inferiori)
-Provisions (statutes) which are more
special derogate provisions (statutes)
which are more general (lex specialis
derogat legi generali)
 Sources of Law

What are the sources of law in

Poland?
All normative acts ordered within the system of
legal acts are sources of law.
 Sources of Law according to
Polish Constitution
According to the Polish Constitution the sources of universally
binding law of the Republic of Poland are:
- the Constitution,
- statutes,
- ratified international agreements (some with upon
prior consent granted by statute);
- regulations and
- enactments of local law issued by the operation of
organs binding in the territory of the organ issuing such enactments.
 Sources of Law according to
Polish Constitution
Legal acts that do not have a universally binding character. They have
an internal character and shall bind only those organizational units
subordinate to the organ which issues such act.
E.g.:
-resolutions of the Council of Ministers;
-orders of the Prime Minister and ministers
Relation of Polish (internal) and
EU Law

Sources of EU law
Primary law
(treaties e.g.: Treaty on the European Union,
Treaty on the functioning of the European
Union, accession treaty)
-Secondary law
(e.g. EU regulations, directives, decisions,)
 Relation of EU law and internal
law of the member state

The principle of primacy of EU law over

the internal law of a member state
Principle of direct application of EU law
(primary law and EU regulations)
 What is the hierarchy of the sources of
law in Poland?
enactments of local law issued by the operation of
organs binding in the territory of the organ issuing
such enactments
EU regulations
regulations
the Constitution
ratified international agreements
international agreements ratified with prior consent
granted by statute
statutes
 Hierarchy of sources of law

The Constitutions regulates the hierarchy of sources of law that

involves:
1) the Constitution as the superior source of law and
values,
2) International agreements ratified with prior consent
granted by statute / EU Regulations
3) Statutes / ratified international agreements,
4) Regulations and
5) Enactments of local law issued by the operation of
organs binding in the territory of the organ issuing such enactments.
Constitutional Law
 Constitutional Law

What is constitutional law?

It is a branch of public law which rules is primarily in the
Constitution and which has the following subject matter:
- foundations of political, economic and social system;
- human and citizen rights, freedoms and obligations;
- subject of authority in the state and the way it is exercised;
- competence of state administration;
- procedure for amending the Constitution.
 Rules of the Polish
political system
The principle of social market economy
The principle of nation sovereignty
The principle of independence and sovereignty of
the State
Principle of a democratic state ruled by law
The principle of separation of powers
The principle of inherent human dignity
 Case 5
Entrepreneur Andrew W. wanted to start a property protection
company. However, he obtained information that pursuant to art.
15 section1 of the Statute of 22 August 1997 on the protection of
persons and property „Starting a business in the field of services
for the protection of persons and property requires a license,
specifying the scope and form of conducting these services."
However, the entrepreneur Andrew W. refers to the
constitutional principle of social market economy which provides
for freedom of economic activity. According to Andrew W., the
requirement for a license contradicts the freedom of economic
activity and therefore he should be able to conduct such activity
without obtaining a license.
Is Andrew W. right?

Art. 22 in conjunction with art. 20 of Polish Constitution

 Next lecture

Next lecture consists of: the continuation of

the Constitutional Law and the Civil law.

Please during next lecture have access to:

- Polish Constitution
- Polish Civil Code.

Additional: please think about the subject of

oral presentations.