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1

ROTATING COUNCIL PRESIDENCY WITHIN THE POST-LISBON INSTITUTIONAL DYNAMICS: POLITICALLY IRRELEVANT?

100%
Cianciara A. K.
Yearbook of Polish European Studies
|
2012
|
vol. 15
27-42
EN
The Lisbon Treaty introduced important changes that deeply affect the EU’s institutional balance with regard to the nature and political relevance of the Council Presidency. Formal competences of the Presidency, especially with regard to the European Council and Foreign Affairs Council, have been greatly reduced. In addition to the treaty changes, the impact of the Presidency can be further constrained by the political realities and challenges facing the Union. However, there is still room for the rotating Presidency to exert informal influence based on various resources at the disposal of the Member State exercising the function. The growing fragmentation, and the emergence of the hybrid ‘presidency network’ are analysed in this article pri¬marily on the basis of the Polish experience in 2011.
2

POLAND'S ROLE IN THE EU COUNCIL AND THE EUROPEAN COUNCIL IN LIGHT OF ITS POSITION AS A CENTRAL AND EASTERN EUROPEAN MEMBER STATE

100%
Adamczyk A.
Yearbook of Polish European Studies
|
2009
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vol. 12
177-187
EN
On 1 May 2004 Poland became a member of the key principal organisation of countries of the old continent - the European Union. As the largest of the group of Eastern and Central European countries, it plays an important role in European Union institutional forums. Over time however, Poland's position has become stronger, as revealed in subsequent summits of the European Council, where we endeavoured to organise a large coalition of the countries of Eastern and Central Europe. This role was particularly evident in arranging common positions in areas such as preparation of the budget, creation of a common energy policy, an energy and climate package, and above all in dealing with the challenges regarding relations with the EU's Eastern neighbours.
3
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NEW PRINCIPLES OF HOLDING PRESIDENCY OF THE EUROPEAN UNION COUNCIL. THE BALANCE OF THE BELGIAN PRESIDENCY (Nowe zasady sprawowania prezydencji w Radzie Unii Europejskiej. Bilans prezydencji belgijskiej)

100%
Wec J. J.
Przegląd Zachodni
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2011
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issue 3(340)
3-20
EN
The article focuses on the analysis of the achievements and failures of the Belgian presidency, particularly from the perspective of practical verification of the regulations of the Lisbon Treaty of 13th December 2007. The author presents the limitations of EU presidency that follow from the regulations of the Lisbon Treaty and discusses the major functions of the presidency: mediation, coordination, planning, administration and representation. The priorities and limitations of the Belgian presidency held from 1st July to 31st December 2010 are highlighted and their balance is drawn up. Its major achievements include: compromise concerning the EU budget for 2011, measures aimed at increasing financial stability, improvement of public finances and coordination of the economic policies of member states; integrated directives for job and economic policies of member states; resumption of discussion on deepening of the internal market; further progress in implementation of the enlargement strategy; continuation of work on the implementation of the Lisbon Treaty; activity in external spheres and new initiatives in the sphere of freedom, security and justice. The major failures of the Belgian presidency consist in its inability to realize the following tasks: improved coordination of cooperation in fighting illegal immigration and organized crime or terrorist threats, enhancement of social security of EU citizens and raising the standards of health care, completion of accession negotiations with Croatia and strengthening cooperation between the EU and the countries of Africa and Asia.
4
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GERMAN PRESIDENCIES OF THE EUROPEAN UNION COUNCIL (Niemieckie prezydencje w Radzie Unii Europejskiej)

100%
Zurek M.
Przegląd Zachodni
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2011
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issue 3(340)
21-44
EN
United Germany held EU presidency three times so far: in the second half of 1994, in the first half of 1999 and at the beginning of 2007. Each of those presidencies took place in different economic and political circumstances and had to address changing current challenges. The article analyses the priorities and achievements of those presidencies and indicates their failures. The German presidencies and their results (in the form of summits and conclusions) prepared the ground for multilateralism with all its merits and drawbacks, which was subsequently declared by German diplomacy. The summits of the European Council which were held during the German presidencies and the conclusions that followed from them confirmed the major importance of the coordinating function discernible in the German Europapolitik. This function is the essence of presidency and therefore determines the European policy of the president country. Moreover, seeking to realize its national plans, Germany presented them as beneficial not merely for itself, but also for Europe and the entire process of integration. With this purpose in view, German presidency referred to such commonly shared values as peace, welfare, democracy or human rights. This allowed Germany to push initiatives which it deemed important and avoid the risk of being accused of appropriating the integration process.
5

DRAFT OF THE JURISPRUDENTIAL CONCEPTION OF MULTI-CENTRIC SYSTEM OF LAW (Nacrt teoretickopravnej koncepcie multicentrickeho pravneho systemu)

75%
Golecki M. J., Wojciechowski B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2009
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vol. 92
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issue 3
213-227
EN
The article outlines the conception of a multi-centric system of law based on a situation where in the territory of a state the law of given state, the EU law and the law created on the ground of the European Council apply simultaneously, which may result in the existence of contradictory valid and final court decisions. The multi-centric understanding of the system of law exceeds the traditional tension between legal positivism and iusnaturalism. The multi-centric system of law tends to the network configuration, but its subsystems retain their hierarchic structure. The article applies the multi-centric understanding of the system of law, especially to the relationship between the legal order of EU and legal orders of the individual member states, from the view of the European Court of Justice and the Constitutional Court of Poland. The latter bases its doctrine of their relationship on the principles of mutually favourable interpretation, cooperative application. The principle of the interpretation favourable for the European law is however limited. It cannot lead to results which are contrary to the explicit wording of the constitutional rules. In the principle of precedence of the EU law two levels of cogency and application may be distinguished. At the first level the precedence of the constitutions of the member states may be accepted, which will retain their decision-making at the moment of potential collision of EU rules with their own rules. In case of the application of the law the precedence of the EU law, resulting from the principle pacta sunt servanda contained in the Polish Constitution, comes to the foreground, thus the EU law has the application precedence under the Polish Constitution after all.
6

GENÉZA EURÓPSKEHO ZATÝKACIEHO ROZKAZU A PROCES JEHO IMPLEMENTÁCIE V SLOVENSKEJ REPUBLIKE

75%
Klimek L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2011
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vol. 94
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issue 5
462 – 482
EN
The European arrest warrant, based on the surrender procedure, replaced traditional extradition procedure between Member States of the European Union. First time we met the European arrest warrant is unsuccessful project Corpus Juris, but the establishment of the area of freedom, security and justice, the conclusions of the European Council meeting in Tampere and the establishment of the mutual recognition of judicial decisions in criminal matters, led to the adoption of the Council framework decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. The European arrest warrant is the first concrete measure in the field of EU Criminal Law implementing the principle of mutual recognition which the European Council referred to as the cornerstone of judicial co-operation in the EU. The European arrest warrant has been implemented into the legal order of the Slovak Republic twice – firstly in 2004 and secondly in 2010. Former implementation was performed by the Act of the National Council of the Slovak Republic of 24 June 2004 No. 403/2004 Coll. on the European arrest warrant. In 2010 the Slovak Republic adopted new legislation for purposes of the EAW – Act of the National Council of the Slovak Republic of 9 March 2010 No. 154/2010 Coll. on the European arrest warrant.
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