Agnieszka Frąckowiak-Adamska

Agnieszka Frąckowiak-Adamska is a University professor at the Department of International and European Law at the University of Wrocław and an author of publications in leading Polish and European legal journals on European Judicial Area (civil and criminal), EU Citizenship, Rule of Law, Fundamental Rights, Internal Market and the role of national judges in the application of EU law. She set up the School of French Law and French Master 2 studies « Droit Européen et International des Affaires » of the Paris-Dauphine University at the University of Wrocław and coordinated both programmes from 2009 to 2015.

Leader of Polish scientific teams in three research projects co-financed by the European Commission (DG Justice): EUPILLAR, TRANSFER OF PRISONERS and IC2BE and a national expert in AMICABLE and FACILEX projects. In 2015 a Member of the European Commission’s Expert Group on the revision of the Brussels IIa (2201/2003) Regulation.

Founding member and since 2022 vice-president of European Association of Private International Law (EAPIL). Member of Polish Association of European Law (PSPE) and ICON-S (International Society of Public Law). Founding Member of Association Alliance Française Wrocław. Member of Scientific Advisory Board, European Journal of International Law (EJIL). Since 2021 a Member of the Stefan Batory Foundation Legal Expert Group which assesses compliance of the legal acts submitted in the Parliament with democratic standards of the rule of law, monitors activities of the Constitutional Tribunal and the judiciary in Poland.

In 2022 she received Wolters Kluwer PRIZE for the most useful law book for the practice of justice in 2020 in Poland ((with P. Bańczyk) Formułowanie pytań prejudycjalnych do Trybunału Sprawiedliwości Unii Europejskiej : praktyczny przewodnik (Formulating questions for a preliminary ruling to the Court of Justice of the European Union : a practical guide), Wolters Kluwer 2020).

Contact: af4893@nyu.edu

Research Project

The application of EU fundamental rights against the Member States - lessons from the American experience.

The Charter of Fundamental Rights of the EU, according to its Article 51(1), applies to the Member States only when they are implementing Union law. However, academics and citizens are increasingly boldly calling for EU fundamental rights to apply to Member States also in purely internal situations. A similar process of extension of federal rights to States took place in the USA. Initially, the Bill of Rights contained in ten Amendments to the US Constitution only applied to the federal authorities. Subsequently, as a result of US Supreme Court jurisprudence, the application of some of these rights has also been extended to the States. The aim of the research is to analyse the American model of the application of constitutionally protected rights to State authorities with the purpose of using this knowledge to analyse EU Charter’s future. Three research questions will be answered: why the extending of application of Bill of rights took place, which rights have were incorporated and why.