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Mgr Barbara Surdykowska
ORCID: 0000-0003-4569-1274
Mgr Barbara Surdykowska, legal advisor in the Expert Office of the National Commission NSZZ Solidarność Trade Union, correspondent of the European Foundation for the Improvement of Living and Working Conditions in Dublin. She deals with issues such as transnational dimension of industrial relations. Representative of Polish trade unions in negotiation of the European social partners concerning the digitalization of the working environment.
DOI: 10.33226/0032-6186.2020.2.2
JEL: K31, K33

The paper discusses the rulings of the CJEU: Egenberger, IR v JQ, Bauer and Max Planck, in which the Court pointed to the direct application of Articles: 21, 31 para. 2 and 47 EU Charter of Fundamental Rights. The author draws attention to the limited significance of this jurisprudence line due to the maintenance of the arguments contained in the AMS ruling, indicating that where there is a reference to "national law and practices" in the Charter's record, such a record makes it impossible to apply the Charter directly. The effect of the case-law pointing to the direct application of the Charter also depends on the number and quality of the questions referred for a preliminary ruling by the courts from a given country.

Keywords: EU Charter of Fundamental Rights; case law of the CJEU; European integration

Mgr Barbara Surdykowska, legal advisor in the Expert Office of the National Commission NSZZ Solidarność Trade Union, correspondent of the European Foundation for the Improvement of Living and Working Conditions in Dublin. She deals with issues such as transnational dimension of industrial relations. Representative of Polish trade unions in negotiation of the European social partners concerning the digitalization of the working environment.