Notes & Comments (30/06/2007) - The Court of Warsaw deals with the useful effect of Community law.
Title: The Court of Warsaw deals with the useful effect of Community law.
Subject: Right to compensation for damage from non-transposition of community directives in the national legal system. The Constitutional Court of Warsaw for the first time applies the “Simmenthal” formula (EC Court of Justice, Decision 9.3.1977) and – although adopting the technical formula of inadmissibility of the question of constitutional legitimacy for lack of significance as deduced from the referring order of the Administrative Provincial Court – it proves to be fully conscious both of the need of defending the useful effect of community law and, in general, of the need to take part to that judicial dialogue between national and supranational courts, which seems to be the characterizing trend of this last phase of European constitutionalism.
Original language: Italian
Classification: General theme