Konsekwencje prawne Protokołu nr 30 w sprawie stosowania Karty praw podstawowych Unii Europejskiej do Polski i Zjednoczonego Królestwa

The article examines the legal consequences of Protocol (No 30) on the application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom. The author notes that the Charter does not merely confirm the fundamental rights previously recognized in EU law, but also introduces new ones. In the light of this statement it is proposed, that – according to article 1(1) of the Protocol – the Charter does not extend the ability of given courts to examine the compliance of laws and practices of Poland and the UK with the Charter, as far as it introduces these new rights. Article 1(2) of the Protocol excludes the possibility of litigation based on provisions of title IV of the Charter. Article 2 of the Protocol aims at preventing the EU from imposing changes of national laws and practices in certain areas. In the light of provisions of the Charter (particularly article 52(6)) it is however doubtful, whether article 2 constitutes any genuine modification of legal obligations. Finally, the author notes, that according to the predominant view it would be theoretically possible for the Court of Justice of the EU to diminish or even deprive the Protocol of actual practical consequences by making use of general principles of EU law. This however might be regarded as a circumvention of primary EU law and as such deserves negative opinion.