Dawid Miąsik: European Law and the General Courts of the Transition Countries

The Evolution of Comparative Administrative Law Studies

“…In the context of the EU membership, the EU interpretation of law must prevail as substantiated in many examples of the ECJ case-law. The European Court of Justice indicates that the idea does not come down to implementing EU law but expands on the community-friendly harmonisation of national law during the process of its application 48 . Mindful of this purpose, comparative studies should concentrate on analysing the legal orders of the member states with special attention to the convergence resulting from the primacy of EU interpretation of law.…”

“…The above indicates that comparative studies of application of law have different functions -searching for ideas, providing solutions to specific problems, equipping courts of law in a form of dialogue, helping optimise the normative argument used in justifications of judicial decisions or normative acts, serving as argumentation ornaments 50 . Nonetheless, it should be emphasised that comparative research must not aspire to dominate or lead the law application process, for the central argument rests on the goals and functions of applicable law.…”