Wyniki wyszukiwania - Biblioteka Nauki

1

The Three Logics of EU Decision-making

100%

Curyło B.

The Polish Quarterly of International Affairs

|

2016

|

nr 3

45-60

XX

EU decision-making has always been criticised, mostly due to its complexity. Nowadays, especially with regard to several crises Europe is facing, the criticism is overwhelming. However, such criticism is rarely accompanied by an even superficial attempt to explore EU decision-making and its specificity, which can briefly be described as multi-level, multi-faceted, and complex. The purpose of this article is to present and analyse decision-making in the European Union through the prism of three logics of political action often used in international relations, the logic of consequentiality, the logic of appropriateness and the logic of justification. These examine the motives, behaviour and goals of players who influence decisions. The main thesis of this article is that the specifics of the EU decision-making mean that each of the logics is reflected even in terms of single issues. This results in the fact that the European Union, in terms of its decision-making, remains a sui generis structure, with a mode of decision-making incomparable to other international structures. Analysis of EU decision-making through the prism of the three logics also gives a research perspective to help understanding of specific EU decisions in different integration and international contexts.

2

Bail-In: Fully-Fledged Illusion?

100%

Zombirt J.

The Polish Quarterly of International Affairs

|

2016

|

nr 3

137-168

EN

The financial crisis has resulted in EU Member States having to pay massive amounts of money to rescue their banks. To protect taxpayers’ money in the future, the EU institutions have made some profound amendments to the legal framework, shifting the financial burden stemming from banks’ failures to some stakeholders, mainly on banks’ shareholders and unsecured creditors. This is a part of the banking union, the supervision on banks by one body is supplemented by the Single Resolution Fund. However, the details of such a system are disappointing because they do not guarantee that taxpayers’ money really will be protected in future crises, as envisaged.

3

Sovereignty in the European Union: A Critical Appraisal

100%

Grosse T. G.

The Polish Quarterly of International Affairs

|

2016

|

nr 3

106-123

XX

Sovereignty in the European Union is restricted by EU law and policies. The weakest and peripheral states have the least impact on the shape of this law and policies and hence are most constrained thereby. In the case of the largest states sovereignty is reinforced. Countries with the greatest influence on the way the Union functions are able to use its instruments to implement goals that result from their national democratic processes, which means that the sovereignty of the most powerful states is enhanced at the expense of those on the periphery. The key to explain this phenomenon is the asymmetry of power in the EU among the Member States. In a way, the smaller states, which are weaker economically and politically, trade their national sovereignty for economic benefits or for a stronger sense of stability and security. At the same time, the crises that affect Europe show that the said benefits from limiting sovereignty are not durable, as they have resulted in a number of economic, social and political problems, undermining both stability and a sense of security.

4

Stanowienie prawa według projektu traktatu konstytucyjnego Unii Europejskiej

63%

Jaślan W.

|

2007

|

tom nr 3

29-31

PL

Stanowienie prawa wtórnego w obecnym systemie prawnym Unii Europejskiej jest skomplikowane na skutek braku precyzyjnie ustalonych procedur oraz ścisłego określenia kompetencji licznych organów. Projekt Traktatu Konstytucyjnego przewiduje dokonanie zmian przepisów UE w celu usprawnienia trybu stanowienia prawa i tym samym uczynienia go przejrzystszym, łatwiejszym w interpretacji i przyswajaniu. Prace nad uchwaleniem Traktatu Konstytucyjnego (TR) nadal trwają. Obecna prezydencja Niemiec zapowiada ich przyśpieszenie lub wprowadzenie zmian do praktyki prawodawczej w innym trybie, na przykład przez wydanie rozporządzenia.

5

Instytucje Unii Europejskiej - podstawowe wiadomości

63%

Paździorek G. , Głodny Z.

|

1998

|

tom nr 8

32-35

PL

W artykule autorzy starają się przybliżyć poszczególne instytucje Unii oraz określają ich schematy organizacyjne.

EN

The autors attempt to bring closer to the Reader the indvidual institutions of the Union and draw their organization charts.

6

Polityka audiowizualna Unii Europejskiej

63%

Skrzypczak J.

Przegląd Zachodni

|

2012

|

nr 2(343)

231-245

EN

The article provides a provisional systematization of EU policy on mass media. The approach of the European Communities to the issue of mass media in the last decades can be divided into several stages. In the initial period, relatively the longest one, EC organs were denied competences to interfere in this area. The 1980s and 1990s were characterized by an attempt on the part of the EU to work out adequate and distinct strategies regarding mass media. The moment the EC organs “gained” the competences to regulate the principles underlying the functioning of the media, a boisterous development of the EU medial law started and became especially conspicuous with the emergence of global media. Regulations on mass media initially pertained to television but then expanded onto audiovisual media services followed by a growing significance of the so-called “new media”. EU policy deals with the media in three different contexts: firstly, in the aspect of competition policy and principles governing the functioning of the internal market; secondly as an element of democratic and cultural infrastructure; and thirdly, on the plane of building the so-called information society. A hypothesis is put forward that the EU audiovisual policy is dominated by a two tracks strategy of regulating the functioning of the media.

7

Democratising the European Multi-level Polity? A (re-)Assessment of the Early Warning System

63%

Borońska-Hryniewiecka K.

Yearbook of Polish European Studies

|

2013

|

tom 16

s.167-188

EN

One of the main promises of the Treaty of Lisbon was to increase the democratic legitimacy of the European Union through strengthening the role of national parliament’s in EU policy-making under so-called "Early Warning System" (EWS) for subsidiarity control. However, introduction of the EWS has met with some criticism in the academic literature. Scholars claim that the mechanism not only fails to alleviate the democratic deficit, but it also obfuscates the existing channels of delegation and accountability in the EU. Moreover, it has been predicted that the EWS will remain a mere "window dressing", largely unexploited by national assemblies, let alone the subnational parliaments. This article addresses the above-mentioned criticisms four years after the entry into force of the Lisbon provisions. On the basis of an empirically grounded analysis, this article identifies and evaluates positive effects of the EWS with respect to both the input and output legitimacy of the EU. The article posits that the unintended (spill-over) effects of the EWS allow for its broader conceptualisation as (1) a disciplining tool for a better regulatory environment; (2) a representation and accountability enhancing mechanism; (3) an opportunity structure for increasing parliamentary control of the executive an (4) a Europeanization mechanism.

8

Działania zewnętrzne Unii Europejskiej wobec państw nieuznawanych

63%

Potyrała A.

Przegląd Zachodni

|

2013

|

nr 1(346)

248-273

EN

The object of the article is to present and assess the stance of the European Union towards unrecognized states. The implementation of the idea of supporting peace and democracy, freedom, equality and respect of human rights, minority rights included – all of them being values in which the European Union’s functioning is grounded – is especially problematic in relation to new state organisms. The EU is unable to take a uniform stance towards them that would allow to reconcile the right to independence with the necessity to guaranty the sovereign rights of the precedent states. In the cases discussed in the article the EU’s stance towards newly created states is conditioned by several factors. The first of them is the desire to play a key role on the international arena that manifests in conducting activities aimed at warranting peace and security in regions troubled by conflicts. Another is a concurrent tendency to respect the basic principles accepted by the international community after World War II, i.e. the sovereign equality of states and the right of nations to self-determination. The external actions of the European Union are also shaped by the stance of other international key actors. The above mentioned factors determine the EU’s stance towards unrecognized states, which is known as engagement without recognition.

9

Współczesne problemy Wspólnej Polityki Bezpieczeństwa i Obrony Unii Europejskiej

63%

Wojciechowski S.

Przegląd Zachodni

|

2013

|

nr 1(346)

49-68

EN

Common Security and Defense Policy of the European Union (EU CSDP) has been the subject of numerous and diverse publications. However, they are largely descriptive rather than analytic, focusing on e.g. highlighting the origin of the above mentioned issue, its main stages, institutions or legal grounds. Too little attention is paid to, among others, such matters as: an attempt to systematize the constitutive elements of CSDP, depiction of the causes of problems occurring in this sector of integration, their classification or the presentation of consequences of such a state of things. These issues are considered in the present essay.

10

Przygotowania do kreowania wizerunków Polski w pkresie prezydencji w Radzie Unii Europejskiej

63%

Glinka K.

In Gremium. Studia nad Historią, Kulturą i Polityką

|

2013

|

tom 7

171-182

EN

Presidency in the Council of the European Union creates conditions to shape the image of a state. This regularity is confirmed in the case of Poland as well. Especially if one takes into account the fact that Poland is the first large state of the ‘new EU’, which faced the task to preside the works of the EU Council. The main aim of the article is to discuss the preparatory stage to the process of shaping our state image during Polish presidency in the EU Council. It is therefore justified to illustrate activities which constitute these preparation as well as to discuss the activities undertaken by proper institutions. Especially if one considers their dual orientation. First of all, the absence of proper experience of Poland in the organization of the process of shaping its own image. Secondly, there exist the formal-legal proposals deciding on the character of the Presidency accepted on the basis of the Treaty of Lisbon.

11

Development of Transnational Participatory Processes in the European Union as a Way to Prevent the Democratic Deficit: The Neo-Neo functionalist Approach

63%

Witkowska M.

Yearbook of Polish European Studies

|

2013

|

tom 16

s.209-234

EN

This article presents an analysis of the growing role of transnational processes and interaction between political parties, interest groups, non-governmen¬tal organisations, and other civil society institutions. The main aim is to discuss the nature of transnational participatory processes, the reasons for their occurrence, and their forms and manifestations and intensity and effectiveness, as well as their con¬sequences for the functioning of the EU system with respect to its democratic char¬acter. The research problems approached in this article include: 1) the nature of transnational participation, its determinants and the factors affecting its develop¬ment; 2) explication of the interrelations between the laws adopted by the European Union and the transnational participatory processes; 3) the increasing social approval for the actions undertaken and the process of integration as a whole – increasing the output legitimacy of the European Union – as a result of the transna¬tional participatory processes.

12

The 2008 Crisis and the New Role of the European Union in the Global Arena

63%

Góralczyk B.

Yearbook of Polish European Studies

|

2013

|

tom 16

s.15-40

EN

The process of European integration has not been finalised by a so-called finalité politique i.e. a supranational entity, probably in form of a federation. This entity, expected to play an independent and crucial role in the global arena, is still not created yet. At the same time, the crisis on global markets in 2008 and its aftermath has created many new and unprecedented challenges. Crisis as such is nothing new in the history of European integration, in fact it has been stated that real progress went ‘from crisis to crisis’ (J.Delors). This means that only new challenges push forward the whole machin¬ery. The situation after 2008 is different however, as at this moment the European Union is challenged by a multilayer crisis. Namely, the EU currently has problems with: 1) Leadership and strategic vision; 2) Economic crisis in the Eurozone, together with overwhelming domestic debts in the so-called PIGS countries, mainly of the Mediter¬ranean region; 3) Institutions (the ‘democratic deficit’), and even 4) Axiology, i.e. a common system of values, which are being frequently and openly challenged in many Member States by various political forces. Thus the EU today, in the middle of the sec¬ond decade of the twenty-first century, is staying just in front of the threshold, or rather a fault-line, and faces a cardinal dilemma: how to deepen integration, including the cru¬cial CFSP, amongst a growing tide of renationalisation? One thing seems to be obvious, however. The longer will be the crisis (multi-layered!), the greater will be the opportu¬nities for anti-integration forces and processes. Only strong leadership with a reformist agenda can bring us out of this Catch-22 situation. Without courage and vision, the EU may be doomed to become an ‘economic giant and political pygmy’ again. Is that the status we wish as we face the challenges from the so-called emerging markets and in an era when a new balance of (economic) power is also emerging after 2008?

13

What Does the Crisis Teach Us about the European Union?

63%

Grzeszczak R.

Yearbook of Polish European Studies

|

2013

|

tom 16

s.41-57

EN

This article discusses the impact of the crisis on the processes of European integration. From this broad perspective, certain general and detailed problems have been selected for analysis, including the ‘operational code’ of European integration that was developed at the point in time when political decisions were taken to initiate the integration processes. The European Union’s operational code is based on pur¬suing the policy of fait accompli and giving priority to integration in the policies of the member states, regardless of the area of integration and the values concerned. Even the principles of democracy have been subordinated to this priority. In the light of the fact that public voting has been bypassed on issues related to integration, including economic ones, the legitimacy and effectiveness of these decisions have been called into question. The entire discussion is burdened by the lack of any funda¬mental consensus about what the political outcome of the integration should be, nor to what extent the crisis, in its various aspects (economic, political, social and dem¬ocratic), may change the European Union.

14

Kompetencje instytucji Unii Europejskiej w zakresie uchwalania, wykonywania i kontroli budżetu Unii

63%

Michałowska-Gorywoda K.

|

2004

|

tom nr 5

22-26

PL

Bezprecedensowy charakter zadań, jakie zostały postawione przed Wspólnotami Europejskimi, i przekazanie przez państwa członkowskie na rzecz instytucji Wspólnot wszystkich lub części realizowanych dotąd funkcji implikowały konieczność wspólnego, solidarnego finansowania tych zadań i wynikającą stąd naturalną potrzebę utworzenia wspólnego budżetu, odrębnego od budżetów państw członkowskich. W artykule omówiono kształtowanie się budżetu ogólnego, główne źródła dochodu i strukturę wydatków, procedurę uchwalania budżetu, a także kompetencje organów Unii dotyczące jego realizacji oraz kontroli wykonania.

15

Zasady postępowania przed organami wymiaru sprawiedliwości Unii Europejskiej

63%

Jaślan W.

|

2004

|

tom nr 5

30-32

PL

Na podstawie regulaminu proceduralnego trybunału sprawiedliwości Unii Europejskiej autor omawia organizację Europejskiego Trybunału Sprawiedliwości oraz procedurę postępowania przed tym organem. Porusza też kwestie odwołań od orzeczeń Sądu Pierwszej Instancji.

16

Unia Europejska wobec kryzysu finansów publicznych w strefie euro

63%

Kalka P.

Przegląd Zachodni

|

2012

|

nr 2(343)

145-170

EN

The author presents initiatives launched by the European Union in order to overcome the financial crisis of the eurozone member states. To meet this goal emergency instruments were created (aid programs for Greece, European Stability Mechanism and purchase by the European Central Bank of loans issued by countries of the eurozone in debt crisis) as well as permanent instruments (the Euro Plus Pact, sharpened regulations of the Stability and Growth Pact and the Fiscal Pact). Emergency measures did not bring about any substantial positive effects since only the financial situation of Ireland improved to some extent. The state of public finances in Greece is still critical and therefore many economists suggest that this country should declare its bankruptcy. Permanent instruments to fight debt might yield the desired effects (in the case of a majority of the eurozone countries) if they are used consistently and in accordance with their object.

17

Proces decyzyjny w strukturach Unii Europejskiej

63%

Jesień L.

|

1999

|

tom Nr 7

163-166

PL

Omówiono najważniejsze instytucje Unii Europejskiej: Komisję Europejską, Radę Unii Europejskiej, Parlament i Europejski Trybunał Sprawiedliwości oraz procedury prze-widziane dla różnych obszarów kompetencji Wspólnoty: Konsultację, Współpracę (kooperację), Zgodę i Współdecydowanie. Przedstawiono trzy poziomy polityczne uzgadnia-nia decyzji między państwami członkowskimi jako elemen-ty procesu decyzyjnego.

EN

The most important institutions of the European Union, including: the European Commission, the EU Council, the European Parlament and the European Court of Justice are discussed as well as procedures provided for various areas of the Community: Consultation, Co-operation, Agreement and Co-desision. Three political levels of making agree decisions amidst the member states, as elements of decision process are resented

18

A European Union of, by and for the Citizens: How Can Europe Provide for Better Participation of its Citizens?

63%

Joerges C.

Yearbook of Polish European Studies

|

2013

|

tom 16

s.141-152

EN

Since the adoption of the Maastricht Treaty two decades ago, we have wit¬nessed intense debates on the future of democracy in Europe, mostly fuelled by the hope and expectation that we would sooner or later figure out how democratic processes could function in the European multi-level system, and how they should be institutionalised. Under the impact of the financial crisis however, the confidence in such perspectives has been shaken. Rather than institutionalizing ‘more democracy’, Europe’s crisis management system has established authoritarian modes of economic governance, executed by an administrative-governmental compound. Thus it remains all the more important to keep democratic aspirations alive and to search anew for firm constitutional grounds for implementing more democracy. At present, the prospects for such efforts are anything but encouraging.

19

Polityka Transportowa Unii Europejskiej

63%

Fajczak-Kowalska A. J.

Pieniądze i Więź

|

2012

|

tom 15

|

nr 3(56)

144-154

EN

The article presents an analysis of rail freight and passenger transport in the EU and coordination of European transport corridors. The analysis was based on an assessment of the passengers’ traffic, density of railway lines in the EU countries, the dynamics of freight and passenger transport dynamics.

20

Voľný pohyb pracovníkov v Európskej únii

51%

Dolobáč M.

Humanum. Międzynarodowe Studia Społeczno-Humanistyczne

|

2012

|

nr 2(9)

61-72

EN

Free movement of workers is one of the most important fundamental right, which results from the membership in the European Union. This right includes in particular : the right to apply for the offers of employment in the other EU states; the right of free movement for the purposes of seeking work; the right of residence; the right to stay in the other EU state after the termination of labour contract. According to European Union law, mention rights belongs not just to employees, who are the citizens of the European Union, but in limited range also to their family members. The exemptions to the right of free movement are rather limited. The aim of the presented contribution is to describe the essence of the right of free movement of workers in the European Union mainly in the light of the relevant judicial decisions of the Court of Justice of the European Union.