Stanowienie i stosowanie prawa Unii Europejskiej czy rzeczywiście niezgodne ze standardami państwa demokratycznego?

• Authors: Ostrihansky Rudolf

Title variants

EN

Making and Applying the European Union Law – Is It Truly Non-compliant with the Democratic Standards?

• Languages of publication: PL

Abstracts

EN

The publication is a polemic to the article of prof. Krystyna Pawłowicz entitled (Acquis communautaire and standards of democratic state of law). Contrary to her view, the author holds an opinion that philosophical foundations of the EU are the principles of liberal market economy. Joining the EU means not only development of the European state and society. It is a deliberate social choice to follow certain principles in law making and law abiding. The concept of an acquis is not contrary to the democratic standards; it is nothing more than the rules of law as interpreted and applied by the relevant EU institutions. Further the paper analyses position of the EU courts. The fact that the courts more often apply functional approach towards the law interpretation does not conflict per se with democratic principles as the same process takes place in the common law countries. The EU should not be perceived as a single state (or „a superstate”). Provisions introduced by the Treaty of Lisbon show that it should be treated as an intergovernmental organization, albeit with unusually strong regulatory powers. On the other hand, the concept of implied powers is almost absent in the EU. Division of competences among the EU institutions is a logical result of the EU structure; hence its comparison to a state is unfounded because the EU is not a state. The law-making process has a strong dimension of negotiation because the Member States retain their sovereignty. Finally, principle of the EU law supremacy over the domestic laws does not contravene rules of national or international legal order provided that the scope of the EU competence is not extended without consent of the Member States. Also the principle of sovereign equality of states is not affected by any provision of the European law.

• Publisher: Fundacja „Utriusque Iuris” i Uniwersytet Jagielloński
• Journal: Forum Prawnicze
• Year: 2010
• Issue: 2 (2)
• Pages: 19-33

Contributors

author

Ostrihansky Rudolf

• Katedra Prawa Europejskiego Wydziału Prawa i Administracji Uniwersytetu Warszawskiego