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THE LEGAL GROUNDS OF THE ADOPTION OF THE SINGLE CURRENCY OF THE EUROPEAN UNION (Podstawy prawne przyjecia przez Polske wspólnej waluty Unii Europejskiej)

100%

Muszynski M.

Przegląd Sejmowy

2010

issue 3(98)

103-125

The monetary union is the final stage of the process of European integration. It is also important for the achievement of economic goals of the European Union. The provisions governing the conditions and principles of membership in the monetary union are included in the Treaty on the Functioning of the European Union. The so-called convergence criteria and the ERM2 system are the most important of them. As results from the provision of the Treaty, the legal situation of non-euro area EU member states is temporary, and they are legally obliged to introduce the euro. A different situation is in the United Kingdom and Denmark which have secured themselves discretion to decide in this respect. The adoption of the euro is binding. From the legal provisions it may be interpreted that, the access to the monetary union of a member state meeting the convergence requirements (and remaining outside the euro zone) would take place, theoretically, against the will of that state. The majority vote procedure is applied in this respect, and the Council deciding the issue is bound only by the convergence criteria and - as the practice shows - not entirely. Moreover, membership in the euro zone of the EU member state meeting appropriate treaty criteria cannot be blocked. Even in the event that the treaty requires unanimity, none of the members of the euro zone may vote against admission of the state which satisfies formal requirements. This would be in contradiction to the objective of the integration and, therefore, would infringe the obligations of the state resulting from the EU treaties. There are only two ways in which the EU member state possessing its own currency may delay its access to the euro zone The first relates to the decision about joining the exchange rate mechanism (ERM2), as it only a treaty requirement for the monetary union membership, and not an obligation. This question is decided on the state level and is of a strictly political nature. It may also depend on the results of public consultations (referendum). The second way is the determination of the exchange rate of the national currency.

THE POLISH CHARTER OF FUNDAMENTAL RIGHTS AFTER THE LISBON TREATY: THE LEGAL NATURE AND BINDING LIMITS (Polska Karta Praw Podstawowych po Traktacie lizbonskim. Charakter prawny i granice zwiazania)

100%

Muszynski M.

Przegląd Sejmowy

2009

issue 1(90)

55-78

The Lisbon Treaty fundamentally changes the legal basis of the European Union. The areas of regulation subject to modification include the normative foundations of the protection of fundamental rights in the EU. The article attempts to answer the question concerning the legal nature and the limits of the revised Charter of Fundamental Rights which are binding on Poland. Despite an enthusiastic support of the Charter by part of legal scholars, the role of the Charter of Fundamental Rights in the domestic legal order in rather ambiguous. In Lisbon, the authors of the Treaty have departed from formal way of proceeding. As a result - regardless of their political will - the adopted phrase of 'the same legal value as the Treaties' will not have any effect in Polish domestic law, where it functions as a non-binding act of the European Parliament, Council and Commission. Legal effect of an international act in the national legal system is hinged on the constitutional procedure of its adoption, and not on the political message. However, the rank of the Charter within the system of the EU law obviously rose. In fact, this will affect granting Treaty guarantees to its provisions. From this point of view, a new legal hybrid will appear, an act which, formally, is not a piece of primary law (as it is not ratified), but which has the status (enjoys the protection) prescribed for such acts. Some systemic consequences of this experiment, (e.g. the effect of the principle of primacy of EU law) may, however, have negative systemic consequences. The Charter will not be included, for procedural reasons, in the constitutional list of the sources of law and, therefore, there will be a collision between them and the norms of the national law. In this respect, a moderating role will be played by the Polish-UK Protocol which, according to Article. 49 b shall form an integral part of the Treaties. From the point of view of legal science, the meaning of the new Charter of Fundamental Rights is reduced, practically, to one aspect — inserting its content to the Lisbon Treaty opens a new phase in the evolution of the fundamental rights in the EU. To date, they were founded on the basis of the: European Convention for the Protection of Human Rights and Fundamental Freedoms and constitutional order of Member States. So far, the Charter has only reflected and expressed the fundamental rights specified within these two areas. The Lisbon Treaty grants it a status equal with them. .

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2 Przegląd Sejmowy

1 2010

1 2009

2 Muszynski M.

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THE LEGAL GROUNDS OF THE ADOPTION OF THE SINGLE CURRENCY OF THE EUROPEAN UNION (Podstawy prawne przyjecia przez Polske wspólnej waluty Unii Europejskiej)

THE POLISH CHARTER OF FUNDAMENTAL RIGHTS AFTER THE LISBON TREATY: THE LEGAL NATURE AND BINDING LIMITS (Polska Karta Praw Podstawowych po Traktacie lizbonskim. Charakter prawny i granice zwiazania)