Iwona Wróblewska
Przegląd Konstytucyjny, Numer 4 (2020), 2020, s. 76-94
Counteracting Discrimination Under the Provisions of the Act of 3 December 2010 on the Implementation of Certain Provisions of the European Union in the Field of Equal Treatment
The subject of the article is an analysis of the functioning of the Act of 3 December 2010 on the Implementation of Certain Provisions of the European Union in the Field of Equal Treatment (the Equality Act). In the first part of the article, the most important provisions of this act are cited, with particular emphasis on those solutions which raise doubts in the legal community, not only as to their effectiveness and rationality, and thus practical relevance, but also to their compliance with the Polish Constitution of 1997. In the second part, the practice of applying the Equality Act is presented on the example of selected decisions of common courts. In the light of the scarcity of cases conducted on the basis of this Act, it was pointed out that without introducing a number of changes to its content, particularly in terms of expanding the catalogue of claims to which people affected by unequal treatment are entitled, and without a broad information campaign, the Act has no chance of becoming an effective tool for combating discrimination.