Search results - CEJSH

1

The Three Logics of EU Decision-making

100%

Curyło B.

The Polish Quarterly of International Affairs

|

2016

|

issue 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

Sovereignty in the European Union: A Critical Appraisal

100%

Grosse T. G.

The Polish Quarterly of International Affairs

|

2016

|

issue 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.

3

Bail-In: Fully-Fledged Illusion?

100%

Zombirt J.

The Polish Quarterly of International Affairs

|

2016

|

issue 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.

4

Role Unii Europejskiej wobec Afryki Subsaharyjskiej

63%

Antczak-Barzan A.

Studia Europejskie-Studies in European Affairs

|

2013

|

issue 4

s.31-47

EN

Nowadays, when the European Union is weak and faces the dilemma of how to overcome this weakness, it should pay more attention to the area of Sub-Saharan Africa and establish a set of roles that could be played in order to conduct an effective policy in the region. Taking the above into consideration, the main research problem of this study is the question of how the European Union is trying to take advantage of its activity in relation to Sub-Saharan Africa through international roles with regard to the increase of its power in the international arena. The aim of the article is, therefore, to identify the roles that the European Union plays towards the countries of Sub-Saharan Africa and assess their effectiveness and potential impact on the growth of its power. Unfortunately, it can be concluded that the actions undertaken by the Euro-pean Union are a drop in the sea of the real needs of African societies and are often ineffective.

5

Unia Europejska wobec kryzysu finansów publicznych w strefie euro

63%

Kalka P.

Przegląd Zachodni

|

2012

|

issue 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.

6

What Does the Crisis Teach Us about the European Union?

63%

Grzeszczak R.

Yearbook of Polish European Studies

|

2013

|

vol. 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.

7

Dylematy polityki rodzinnej w Europie na przykładzie doświadczeń skandynawskich

63%

Anioł W.

Studia Europejskie-Studies in European Affairs

|

2013

|

issue 1

s.113-136

EN

The article provides an analysis of the family policy in Sweden in broader Scandinavian and European contexts, with special attention given to the new welfare trends from the early 1990s to the late 2000s. Generous parental leave schemes, including the father’s quota, and public childcare have been for years the trademark of the Nordic countries. The author argues that despite recent changes and challenges, such as the introduction of private for profit childcare providers and a home care allowance, Swedish and Nordic family policies have remained largely social-democratic in their underlying goals, such as gender equality, high employment and female labour force participation, universalism in providing social services, etc. These policies have manager to facilitate a balanced work-family model of dual earners and dual carers. They also contribute to a fertility rate much higher than in other parts of Europe.

8

A few remarks on the interpretation of European company law

63%

Napierała J.

Adam Mickiewicz University Law Review

|

2016

|

vol. 6

77-90

EN

The application of European company law by domestic courts entails prior interpretation of EU legislation. Firstly, the manner of interpretation of European company law is affected by both the specific nature of European company law and l’acquis communautaire. Secondly, interpretation methods are subject to the principle of uniform interpretation, which aims to safeguard uniform understanding and application of l’acquis EUwide. Thirdly, when undertaking pro-European interpretation one must (i) have regard to all domestic methods of interpretation, (ii) in line with the blanket ban on contra legem interpretation, and (iii) bear in mind the purpose and wording of a directive serving as a point of reference for pro-European interpretation, as far as possible.

9

Ochrona wielokulturowości w uregulowaniach konstytucyjnych oraz w wybranych programach wspólnotowych Unii Europejskiej

63%

Woroniecki P. M.

Forum Politologiczne

|

2005

|

vol. 2 - Wielokulturowość w dobie globalizacji oraz integracji europejskiej

101-123

EN

The aim of this article is presentation the problem of protection of multiculturalism in the European Union after its enlargement. There are two aspects of the issue: protection of cultural diversity within one community and within the space of the EU. The first part refers to the Polish and foreign regulations connected with the problem of protection of cultural pluralism. Special attention is paid to the rules of the Polish Constitution from 2nd April 1997 concerning to the liberty of conscience and religion. In addition, Austrian, German and French constitutional solutions referring to the liberty of religion are shortly presented. The second part of this article is presentation the EU programmes Culture 2000, MEDIA Plus and eContent. Analysis of these programmes shows that they promote the cultural diversity in Europe, which results from the cultural policy of the UE. In this context, it must be emphasized that article 151 part 4 of the consolidate version of the Treaty establishing the European Community states that the Community shall respect the diversity of its cultures. The EU programmes give the great opportunity to participate in the formation of the cultural policy of the EuropeanUnion. It is particularly important for Poland which should actively participate in these programmes. In conclusion, the author ascertains that the liberty of settling down in the EU inserts new norms and values into national cultures. Therefore, national minorities must have lawfully guaranteed the right to preserve their own religion, mother tongue and tradition. It must be stressed that this right is very well protected by Polish constitutional regulations. At the same time, the cultural policy of the European Union intends to encourage development of national cultures and promotion of inter-cultural dialogue. Consequently, one cannot agree with the statement that the process of integration of Europe will annihilate the cultural diversity in Europe. In particular, the entry of Poland to the European Union will not destroy Polish cultural identity. The EU s money will afford possibilities for quicker than ever development of Polish culture.

10

Opinia na temat wniosku dotyczącego rozporządzenia Parlamentu Europejskiego i Rady w sprawie europejskich długoterminowych funduszy inwestycyjnych

63%

Szpringer Z., Łacny J.

Zeszyty Prawnicze BAS

|

2013

|

issue 3(39)

121-131

EN

The authors, pointing out the aim of the proposal and reasons for its adoption, are critical, in particular, of the imprecise language of its provisions. In conclusion, they opt for a change in the form of the proposed legislation – from a regulation to a directive.

11

Jaka polityka wizowa Unii Europejskiej po rosyjskiej agresji na Krymie? Polskie i fińskie doświadczenia ruchu granicznego z Rosją

63%

Ćwiek-Karpowicz J., Operacz P.

Sprawy Międzynarodowe

|

2014

|

issue 1

56-66

EN

As a result of Russian intervention on the Crimean Peninsula in February and March 2014, this area has been brought into the Russian Federation. The EU in response, at an extraordinary summit on the sixth of March, decided to suspend the decade-long visa dialogue with Russia. An amendment to the agreement on visa facilitation was frozen, as well as talks suspended on the abolition of visas. Within a few days, the matter in Crimea shattered the hard-fought prospects for a compromise between Russia and the EU for facilitating border crossing rules, including the target of the abolition of visas. The Polish experience with local border traffic (LBT) may serve as an example for other EU countries interested in signing a similar agreement with neighbouring Russian areas. It is worth now supporting practical solutions that would facilitate contacts between the inhabitants of Kaliningrad and EU countries, including Poland.

12

Polityka Transportowa Unii Europejskiej

63%

Fajczak-Kowalska A. J.

Pieniądze i Więź

|

2012

|

vol. 15

|

issue 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.

13

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

|

vol. 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.

14

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

|

vol. 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.

15

Opinia w sprawie komunikatu Komisji do Parlamentu Europejskiego, Rady Europejskiej i Rady w kierunku skuteczniejszego i bardziej demokratycznego procesu podejmowania decyzji w dziedzinie polityki podatkowej UE, (COM(2019) 8 final)

63%

Kulicki J., Kuszel K.

Zeszyty Prawnicze BAS

|

2019

|

issue 3(63)

78-91

EN

The purpose of the EU document is to discuss the existing rules on decision-making by the EU institutions in the taxation area, indicate the limits of unanimity in the area of EU and Member States’ tax policies and present an action plan for moving to qualified majority voting, as well as to enhance the role of the European Parliament in this area. From Poland’s point of view the proposed change in the rules for decision-making in tax matters may raise serious doubts as to the link between tax policy and EU political priorities, in particular climate and energy policy. On the basis of the information received, the government takes a negative assessment of the Commission’s proposal to move to qualified majority voting in the area of taxation policy and does not support the endorsement of the Communication’s action plan in this area.

16

Projekt budżetu ogólnego Unii Europejskiej na rok budżetowy 2019 – Ogólne wprowadzenie – Ogólne zestawienie dochodów – Zestawienie dochodów i wydatków w podziale na sekcje

63%

Szpringer Z., Cieślik Z.

Zeszyty Prawnicze BAS

|

2018

|

issue 3(59)

93-107

EN

The opinion presents the most important assumptions of the Draft General Budget of the EU for the fiscal year 2019. The document contains description of priorities adopted during drafting, planned revenues, expenditures, and changes over time (compared to the previous budget) in the projected amounts. The Polish government’s position on the 2019 Draft General Budget is positively assessed, including the government’s statement that during the work on the budget it will be striving for provision of the financial resources necessary to repay the liabilities contracte earlier by the Member States on behalf of the EU budget (it is particularly related to cohesion policy and development of rural areas – both being very important investment instruments in the EU).

17

Współczesne problemy Wspólnej Polityki Bezpieczeństwa i Obrony Unii Europejskiej

63%

Wojciechowski S.

Przegląd Zachodni

|

2013

|

issue 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.

18

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

63%

Glinka K.

In Gremium. Studia nad Historią, Kulturą i Polityką

|

2013

|

vol. 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.

19

The European Union funds in the financial perspective 2021-2027 – Report from the conference opening consultations on the Assumptions of the Partnership Agreement

63%

Kowalski D.

Przegląd Europejski

|

2019

|

vol. 2019(3)

207-210

EN

null

20

Poland in the European Union – Reaching Beyond the Liberal Perspective of Analysis

63%

Więcławski J.

Przegląd Strategiczny

|

2016

|

issue 9

127-139

EN

The article refers to Polish membership in the European Union and the liberal perspective of its analysis. The paper discusses the shortages of the liberal approach. The article accepts the liberal thesis regarding the opportunities that the accession to the EU opens up for Polish development. It notes the significance of the European mechanisms of regional cooperation. Nevertheless, the paper emphasises that the liberal perspective ignores the inequalities of power in the European Union and misses some serious tendencies, both at the level of the community and in the domestic politics, that impede the state’s development. Thus, the article refers to the limited competitiveness of the Polish economy and the state’s difficulties with the identification of its interests in the dynamic and variable international environment. It warns against the marginalization of Poland as “semi-peripheral” member of the European Union. The main conclusion of the paper is that the case of Polish membership in the EU is too complicated to close it in the liberal frameworks. The liberal perspective needs a realist correction. It is extremely important in the context of the challenges that Poland faces together with the crisis of the European integration.

Refine search results