1. Legal Language LEGAL SYSTEM Maciej Pichlak University of Wrocław
Faculty of Law, Administration and Economics
Department of Legal Theory and Philosophy of Law

2. Part one
Legal system

3. The concept of legal system
collection of elements
internally organized
Legal system is a system of binding legal norms, which are organized according to formal and material relations between them.
Legal system and system of sources of law

4. MUNICIPAL LAW
DOMESTIC or NATIONAL
LAW
LOCAL LAW

5. International law

6. International law
- Public international law relations between sovereign states - Supranational law states and private individuals; limitation of state’s sovereignity by supranational jurisdiction (EU; ICC) - Quasi-legal systems of private organizations (FIFA) - Private international law (conflict of laws)

7. Concrete system and system as a type
Civil law system Common law system Other systems (eg. bijuridical, religious) European Union law and public international law?

8. Laws in legal system PUBLIC – PRIVATE – CRIMINAL
SUBSTANTIVE – PROCEDURAL – CONSTITUTIVE

9. PUBLIC INTERNATIONAL LAW
Branches of law
PUBLIC LAW
PRIVATE LAW
CRIMINAL LAW
substantive
Constitutional law
Administrative law
Civil law
Family law
Criminal law
Fiscal law
Law of commerce
[Tort law]
Tax crime law
Labour law
procedural
Law of administrative proceeding
Law of civil proceeding
Law of criminal proceeding
PUBLIC INTERNATIONAL LAW
SUPRANATIONAL LAW

10. Branches of law Distinguished part of the system.
- subject (sphere of social relations)‏
- entities
- mode of regulation
- historical convention
Consequences of belonging of the norm to the specific branch of law.

11. Types of relation Formal relation (competence)‏
Material relation (content)‏
Formal + material H I E R A C Y
material
BRANCHES

12. Hierarchy Formal relation of competence Material relation of content
in a strong sense
in a weak sense
Consequences: lex superior derogat legi inferiori

13. Legal family Criteria for distinguishing: Historical background;
Method of thought;
Institutions;
Sources of law;
Dominant ideology.

14. PART TWO
SOURCES OF LAW

15. The concept of source of law
SOURCES OF LAW
Fontes iuris oriundi
Fontes iuris cognoscendi
material
formal
official
unofficial

16. Basic forms of law creating
1. Law-making
governing, formalised, conventional act of public authorities
Unilateral
Multilateral (agreement, treaty)
2. Practice
Customary law
Case law

17. Poland: sources of universally binding law
Constitution
Laws (statutes)
Ratified international treaties
Executive orders (regulations, ordinals)
Local laws (in the territory of the organ issuing such enactments)
The principle of the closed system of sources of law

18. Poland: Internal law Resolutions and orders
Article 93 of Polish constitution:
Shall bind only those units organizationally subordinate to the organ which issues such act;
shall not serve as the ground for decisions taken in respect of citizens, legal persons and other subjects;
shall be subject to scrutiny regarding their compliance with universally binding law.

19. Law-creating practice
Customary law
Perpetuated and steady practice
General conviction on a binding character (opinio iuris)
Authentication by state authorities
Public international law, commercial law, IT law
Case law
Precedent de iure (binding) or de facto (persuasive)
Binding for future cases (stare decisis principle)
Independent and sufficient ground for decision

20. European Union law Primary law (treaties – Treaty of Lisbon 2007)
Secondary law
Regulations
Directives
Decisions, opinions and recommendations
Supplementary law
Case law of CJEU
General principles
An autonomous system, at the same time forming a part of the state law of the member states.

21. European Union law Its position in the state law of the member states
Direct effect (van Gend en Loos 1963)
Supremacy/ Priority (Costa v. ENEL 1964)
What about the hierarchy?
German Constitutional Court: Solange I (1974) and Solange II (1986).

22. Branches of EU Law
Constitutional law Competition law Law of internal market

23. Public international law
Treaties
Customary law
Ius cogens
Law created by international organization