Some EU Directives May be Invoked in Court Even When Not Implemented into Polish Law
Even if an EU directive has not been implemented into the Polish legal system, it is possible to invoke rights following from such a directive in court. The general rule is that a directive cannot be applied directly. It must be implemented in the local law. The only exception was that an unimplemented directive could be invoked against the state and its agencies. In a recent ruling concerning this matter - the Kücükdeveci case (C-555/07), the European Court of Justice argued that the situation should be different if a directive gives expression to a general principle of EU law. Then, even if it is unimplemented, the national court should disapply any provision of national legislation contrary to that principle. In the opinion of the Court, this is necessary in order to provide the legal protection that individuals derive from European Union law and to ensure the full effectiveness of that law.
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