Porozumienie dotyczące siedziby agencji Unii Europejskiej Frontex w Polsce (aspekty konstytucyjne)
The Agreement on the Seat of the EU Agency Frontex in Poland (Constitutional Aspects)
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The Agreement of 2007 concerning the seat and other matters related to the functioning of Frontex in Poland is legally binding on the parties, and its form and content allow us to consider it (contrary to the position of Polish government) as an international agreement. Such an assumption, however, raises reasonable doubts as to compatibility of the agreement with the provisions of the Constitution, particularly its Article 52 para. 1, which concerns freedom of movement within the territory of Poland. In order to avoid a possible collision of a new headquarters agreement with the Polish Constitution, the author recommends that Frontex and the European Union be named (jointly) as a party thereto. This solution has already been applied in relation to agreements on the headquarters of other EU agencies and in Polish practice on the conclusion of a headquarters agreement with other international organizations in Poland.
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