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1
Content available remote Świat wobec wyzwań współczesności – spojrzenie europeisty
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The deliberations presented in this article are based on the assumption that in broadly understood European studies and studies on European integration we should apply a broader view to the analysed issues. For instance, the international aspects of the functioning of the European Union should be perceived also from the global perspective, taking into account the evolution of the modern world. The world is currently undergoing extensive changes, the direction of which cannot be predicted at this point. The predominant Western development model, based on liberal democracy and free-market economy, is under a major crisis and, what is more, it has recently gained competition in the form of alternative models, starting with the anti-Western Asian model. The main thesis of the article comes down to the observation that the Western model – despite its shortcomings and the fact that it should by no means be imposed on anyone by force – has good chances of being a universal model and of still playing a very important role in the world in the future.
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The twentieth-century integration of Europe was based on several fundamental factors, including universalism, a search for new forms of international order after the fall of the earlier established systems, and a wish to discover guarantees for national security. Contrary to universally held opinions, European integration did not start after the Second World War as a process intentionally and unselfishly initiated by governments and societies which had accepted a vision formulated by enlightened leaders. Actually, it was a combination of the national interests of particular European states, which together with an awareness of the threat posed by the communist system and the economic domination of the USA, that set this process into motion. An essential catalyst of changes aiming towards integration was the Marshall Plan, which enforced the cooperation of European countries- beneficiaries of American aid. For these reasons, the 1950s became a period of a considerable acceleration of the unification of Europe.
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The author presents the results of empirical research, which was conducted among managers of co-operative enterprises in Poland and concerned opinions about the ever more discussed and ever more up to date issue, namely the integration of Poland with the European Union. The empirical material includes opinions of the surveyed people on: (1) - issues connected with integration of Poland and the European Union; (2) -the opportunities to receive aid from different European Union funds by the co-operatives.
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Content available remote SLOVENIA - THE EU-BALKAN BRIDGE (Slowenia - unijno-balkanski pomost)
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The article attempts to characterize the socio-cultural specificity of Slovenia. Attention has been drawn to the coexistence of selected elements that apparently influence the shape of the contemporary identity of the inhabitants of this small country, such as the Habsburg and Yugoslavian legacy or successes in the process of European integration. Separate reflection has been devoted to reasons of a lack of interest in Slovenia among Poles despite relatively close geographical distance between the two countries. The results of research on Poles' attitude to Slovenians have also been analyzed and the emergent picture is complemented by results of a mini-survey on the image of Slovenia among university students.
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The paper aims at presenting the structural changes in Polish industry as a result of the integration process with the European Union. Some of the characteristic features of the Polish industry in the pre-accession period, which distinguish this sector from the industries of the EU member countries, were e.g. a large share of heavy industry in the industrial production, a low level of technological development in many sectors, high employment level in labour-consuming sections and, as a result, low competitiveness. Despite a relatively short period of Polish membership in the EU, some of its positive effects can already be seen in the industrial sector. The main changes include a significant growth of the industrial production sold and labour productivity, as well as export dynamics. As far as the structural changes are concerned, there is a lower contribution of mining industry in the industrial production and a slight growth of the processing industry share.
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The author aims at analysing the competitiveness of Polish economy especially from he point of view of economic arrangement and policies implemented by the European Union. The relative position of Poland was described and interpreted on a basis of statistical data, pointing the differences betwen countries, and economic policy assessment. It appears that the relative position of the Poland's economy is not satisfactory. Some economic policies of the EU do not contribute to improving the competitiveness of member states, but main factors determining competitiveness are domestic, not EU-related.
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This paper presents some of the problems relating to Polish integration with the European Union. The condition of Polish agriculture is compared with the condition of agriculture in EU member states. The expected benefits and difficulties for Polish farmers in the new situation are discussed.
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The role of national parliaments in the European Union is not limited to the development, especially in the nineties and later, of forms of their participation in the consultation process aimed at creation of European law. Successful functioning of the European Union depends also on the loyal fulfillment of obligations laid on member states that are arising from the Treaties. Although the area of activity of national parliaments has shrunken they received new functions related to the European integration. The turning point for the recognition of the role of national parliaments in European Union took place in the Protocol to Amsterdam Treaty. It brought guaranties for fair conditions for parliaments to influence governmental decisions concerning the European Union. It also institutionalized the COSAC - Conference of European Commissions of National Parliaments, as advisory body within the European Union structure. As the practice showed the first part of the Protocol had bigger influence on so far modest re-parliamentization of the European Union. Its deepening could take place together with coming into force of the Treaty establishing the Constitution for Europe. The Treaty could introduce a system of early warning by national parliaments against a violation of principle of subsidiarity. The introduction of the system without a ratification of the Constitutional Treaty seems to be possible but problematic.
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Content available remote Systemowe spojrzenie na europeizację
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This article presents the main trends of research on the concept of Europeanization. In the last decade it has become one of the main areas of interest of European integration students. The Europeanisation concept is discussed in the context of the leading theories of European integration. The article proposes a look at the Europeanization in relation to the systemic theory in political science
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The article discusses the changes which are taking place in the Election Law of Ukraine. Their consequence is the transformation of the state from the parliamentary-presidential into the presidentially-parliamentary republic and the loss by the Supreme Council of Ukraine of a considerable part of its authority in favour of the president of Ukraine. As based on the conducted analysis, the conclusion has been done that the Ukrainian Election Law requires further changes which shall allow its ordinary development, stimulate real rivalry in the process of elections and lead to forming of the proper level of political culture in the society. The success of the introduced changes depends on whether the Election Law will be practically followed or will be left as juridical declaration, whether the destiny of Ukraine will be connected with Europe or with authoritarianism.
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A successive stage in the coming into being of European legal order is connected with the transfer of competences previously reserved by nation states. Establishing laws whose subject is all the citizens of the member nations, adjudicating court disputes in the final instance, a common currency at last, all contribute to the coming into being of an order which might be called a constitutional one. Unfortunately, so far, discussion of the draft for a European constitution has not moved on to the philosophical level. Many elements such as the institutional separation of powers, extending the area of decisions made by the majority and the like, demonstrate that the project is a step in the direction of a European federation with single public sphere, system of representation and homogeneous, hierarchical system of authority within which the states become subordinate to decisions made by the Union and retain autonomy only within a specified extent. There does, however, exist a different vision, a community of communities within which Europe would be an area of agreed upon solutions. The public sphere would remain primarily reflected in the national parliaments and the Union institutions would solve problems signalled jointly by the member states. The draft Constitutional Treaty does not bring about revolutionary change to the legal order; the gradual evolution pursues toward the federal model. However, the community model has not been finally discarded. Thus the document is inconsistent. In it, two myths compete; the European Federation and European unity in diversity. Thanks to the rejection of the document, we may reflect on a common political future rather than once again explain something which became fact in haste.
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Currency union is the next step on the way to a complete European integration. Association Agreements for countries accessing EU structures after 1 May 2004 do not contain the opt-out clause, which is synonymous to the obligation of their acceptance of the common currency. The basic condition of entering the eurozone is meeting the legal requirements and criteria of convergence which define detailed economic conditions. After 2004, euro began to function in Malta, Cyprus, Slovenia and Slovakia, and from 1st January 2011, after meeting all the criteria, Estonia joined the euroland as the seventeenth country. Other countries which are obliged to adopt the euro, Poland included, are at various stages of preparation, but according to data from February 2011 none of them as yet meets the convergence criteria.
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Article deals with the experience of the Slovak Republic in its preparation of accession to the European Union. The author emphasizes possibilities of using this experience to Ukraine. The examples and arguments of successful cooperation between Ukrainian and Slovak institutions are used to underline the importance of such cooperation in advance of Ukraine's European integration.
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This paper analyses the European Union's Cohesion Policy under the 2007-2013 budgetary constraints as seen from the perspective of the new - Central European - member states. In the introduction, the author conceptualises the term 'Central Europe' pointing out the highly diverse and relative way of defining it, both in scholarly literature and in political discourse. Due to the fact that the accession of new states from Central Europe increased the regional disparities (measured in social and economic standards), the role of cohesion policy got strengthened, making its budget the largest part of total EU expenditures. Consequently the efficiency of the policy is put into consideration, including the methodology of evaluations, the criteria used, and objectives. In the concluding part of the paper it is emphasised that the EU Cohesion Policy has also served as a mechanism which promotes a more 'human face' of the European integration process, going beyond a simple 'market friendship' to include ambitions to build a political community based on solidarity foundations. It is the only EU policy that explicitly addresses the economic and social inequalities within the European territory.
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During the discussions on the adoption of new provisions o the Polish Constitution of 1997 relating to Poland's membership in the European Union numerous dilemmas have arisen regarding both the subject of possible regulation and forms of presentation of new principles and procedures. The authoress only points to those problems that are likely to be disputable and controversial. Among them is, first of all, the description of EU in the constitution, i.e. a particular constitutional 'definition of the Union'. The author examines arguments for and against such a legislative solution and provides its analysis based on similar provisions of the constitutions of other member states (especially Article 23 of the Basic Law of the Federal Republic of Germany). She does not confine herself to an analysis of the provisions of the constitution, but also considers the purpose for insertion of provisions of such type in constitutions. In this respect, she refers to the jurisprudence of constitutional courts. The judgment of the German Federal Constitutional Court on the Treaty of Lisbon provides an example. In this judgment, the Court applied Article 23 of the Basic law as a constitutional criterion of conformity of the treaty with the German constitution. In this context, the authoress examines the issue of a formal classification of the Union as legal entity, an international organization, union of states, etc. as well as its relation with a federation model. The second issue discussed in this article is the principle of equality of member states in the European Union and, especially, whether we can recognize it as a principle underpinning the Union. The authoress provides the examples of those constitutions which expressly formulate such principle with the aim of proving that they consider that principle, above all, as equal rights and obligations to determine the fundamental principles governing the functioning of the Union and making its basic decisions. Moreover, this approach is not undermined by the use a qualified majority vote and unequal participation of member state e.g. in the composition of the European Parliament. Another controversial issue is whether we can recognize that EU member states transfer specific powers to the EU level to be jointly exercised. As we can see, most of the constitutions of member states treat the aim of such delegation in this way, confirming the maintenance of sovereignty, also because this does not mean the transfer of powers to a particular separate third party. This approach is not undermined by the exercise of powers by the institutions of the Union. The final issue deals with implementation of EU law. In our country, it is a particularly 'sensitive' issue, because Poland is one of the EU member states that are lagging behind in the implementation of the directives. Consequences of this fact affect not only the political and economic spheres, but also the prestige of the state and the rights of its citizens. Therefore, the question arises whether the constitution might contain any provisions to prevent this situation from occurring. In the Polish context, this relates to the need for introduction of new legal instrument by the government in the form of regulations having the force of a statute.
EN
Addressing the issue of a dispute over the supremacy of EU law under the Treaty of Lisbon, it should be noticed that the principle of precedence of EU law is among its most controversial principles and has been a subject of dispute since its early days. The position of European Court of Justice in this respect may be described as follows: 1) EU law has precedence over the provisions of domestic law which are inconsistent with it, 2) ETJ has exclusive competence to decide on the validity of legal acts of the European Union, 3) member states cannot invoke their domestic legislation, including that of constitutional rank, to justify non-compliance with EU law. Moreover, the jurisprudence of constitutional courts shows that the principle of precedence EU law has not been unconditionally accepted. Contrary to ECJ case law, they contest the possibility of application of EU law in the event that it does not comply with domestic norms of constitutional rank, in particular the fundamental rights guaranteed in the constitution. The Treaty of Lisbon does not resolve the dispute over the principle of precedence of EU law. Even if not explicitly declared in the Treaty, it is reflected in the Declaration No 17 annexed thereto. As a consequence of such approach to the principle of precedence by the Treaty of Lisbon, the principle will probably remain the subject of different interpretation by the ECJ and the constitutional courts of EU member states. First judgments of constitutional courts (particularly the German Federal Constitutional Court) in this respect seem to confirm such statement. However, due to a flexible approach applied to this matter, the principle of precedence of EU law, despite all the controversies surrounding it, is accepted in the member states which would not possible accept its explicit declaration in the text of the Treaty. The dispute over precedence of UE law remains unsolved after the Treaty of Lisbon, as it was before it entered into force. It seems that, in this situation, the best advice is to avoid such conflicts. As concerns the relation between constitutional law and primary law this goal could be achieved by an a priori (preventive) review of the conformity of the treaty with the constitution. On the other hand, for the purposes of elimination of non-conformity of secondary legislation and the constitution the appropriate mechanisms provided for in the treaties should be used first. However, own national interests of the member state should be addressed and protected in the phase of adoption of legal acts of the Union.
EN
(Title in Polish - 'Nowe reguly dotyczace podzialu kompetencji miedzy Unia Europejska a panstwami czlonkowskimi w swietle Traktatu z Lizbony'). The article deals with the distribution of powers between the European Union and its member states. As a point of departure the author identifies two issues. First of them is the principle of conferred powers, from which it follows that competences not conferred upon the Union remain with the member states. The Treaty of Lisbon introduces practically no change in this respect, therefore, this subject des not require a more detailed examination. Another issue is the distinction between exclusive and non-exclusive competences of EU. This area has been changed substantially by the Treaty of Lisbon. First, the Treaty provides a definition of exclusive competence. Second, it distinguishes various kinds of non-exclusive competences of EU. They are to include shared competences as well as coordinating, complementary and supporting competences. The competences in the field of foreign and security policy and in the field of coordination of economic policy have been regulated separately. The author believes that the most important task is to specify the definition and the scope of operation of exclusive competences of EU. Other issues practically have no considerable consequences. He notices that the list of exclusive competences is shorter than that proposed by the Commission in 1992. He recognizes good intentions of the authors of the Treaty of Lisbon to adopt basic premises of constitutional law in relation to exclusive competences. Nevertheless, he criticizes the solutions adopted, particularly in the sphere of trade policy. The author argues that in the course of drafting the text of the Treaty, its actual authors have not applied a uniform concept of exclusiveness. He also points to the high level of reliance of the adopted provisions on the jurisprudence of the Court of Justice. This relates mostly to the decision to classify the competence in the area of conservation of marine biological resources as an exclusive competence. Doubts may also arise about the inclusion of the entire monetary policy, instead of the issuance of the euro, in the list of exclusive competences. On the other hand, there will probably be no problem with classifying the establishing of the competition rules within this category. .
EN
Complementing the principle of conferred powers by an obligation of the European Union to respect the national identity of member states specified in Article 4(2) TEU, inseparably linked with their political and constitutional structures, has induced some constitutional courts to apply the notion of 'constitutional identity' to determine a more precise limits of Union's competences. Therefore, even if the notion of constitutional identity (similarly to national identity) is not legally defined, in the content of constitutions of the member states one can find the principles governing the existence of a state as a specific, separate and sovereign body. For example, from the jurisprudence of the French Council of State it follows that the constitutional principles which specifically reflect the modern French statehood include those which are specified in Articles 1 and 3 of the French Constitution. Moreover, the German Federal Constitutional Court held that the constitutional authorization for Germany's participation in the process of European integration must remain within the limits prescribed by Article 79 (3) of the Basic Law. An a priori determination of strict limits of the EU competences is neither possible nor desirable, because the ultimate shape of its system of government cannot be predicted yet. However, the consolidation of the principle of respect for constitutional identity and specification of its content may contribute to the strengthening of the sense of legal certainty in the complex legal order existing in the European Union. Then, reinforcing of the effectiveness of integration will be balanced by the specification, in concrete terms, of the limits of Union's interference in the domestic legal systems of member states. The ensuring of such balance will depend on harmonious cooperation between the Court of Justice of the European Union and the courts of member states, particularly those responsible for the review of constitutionality of law.
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After the Second World War Poland went through three different geopolitical situations. Firstly, Poland was militarily and economically dominated by the Soviet Union, took part in the Warsaw Pact and in the Council for Mutual Economic Assistance. The transition process that started in 1989 completely changed the entire political and military situation of the country. Poland redefined its foreign relationships. The number of our neighbouring countries also increased from three to seven. Poland tried to introduce a non-alignment policy. Following the accession to NATO and to the European Union, the role of Poland increased significantly. Poland is the sixth country in the EU population-wise and has an influence on common decisions. The country created new internal and external policies. Poland has also attempted to change its historical geopolitical position between Germany and Russia. Germany and Poland are members of NATO and EU together. Poland tries to emphasise its EU member position in the mutual relations with Russia. Poland is doing its best to maintain peace and good-neighbourly cooperation in Europe. The country has a vision of peace and freedom in the Central-Eastern European region that in the past just too often fell victim to conflicts and foreign domination.
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The outcome of the British referendum of the 23th June 2016 was a beginning of Brexit. It was finalized latter on the 31st January 2020. Although, Brexit was a fundamental occurrence, it was not the only one that had an impact on the configuration of the European Union. The aim of the article is to analyse the selected national referenda, which were conducted in 1972-2012 and had an important impact on the extension of the European integration. Also, the article shows, to what extent decisions made by the citizens of particular states in ratification referenda contribute to changing the internal situation in these states and how a referendum in a specific country affects international relations.
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