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OPENNESS OF THE GERMAN CONSTITUTIONAL SYSTEM TO EUROPEAN UNITY (Otwarcie systemu konstytucyjnego Niemiec na sprawy jednosci Europy)

100%
Wojtowicz K.
Przegląd Sejmowy
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2009
|
issue 6(95)
EN
The participation of the Federal Republic of Germany in the European integration process is reflected, above all, in the European Community/European Union membership. The constitutional authorization to FRG's access to the Community establishing treaties was given by Article 24 paragraph 1 of the Basic Law which provided for the transfer, by means of a statute, of the sovereign powers to inter-state institutions. The present conditions of Germany's membership of the European Union are specified more precisely in Article 23 paragraph 1 of the Basic Law which contains the requirements determining the system of the organization, which is considered as the imposition of 'structural guarantees' on the Union subject to supervison by Germany as its member state. The Federal Constitutional Court (FCC) held that the provisions of the Preamble and Article 23(1) of the Basic Law establish the principle of openness of the German legal order to European law and impose an obligation on German constitutional organs to contribute to accomplishment of European unification. This constitutional delegation is not, however, unrestricted and is subject to authority limits, applied particularly to lawmaking activity of the Communities (European Union). The principle of conferred powers prevents the acts from having ultra vires effect in the FRG's legal system. Another limitation is the protection of the German constitutional identity from violation, formulated on the basis of Article 79 paragraph 3 in conjunction with Articles 1 and 20 of the Basic Law, from which it follows that the EU is obliged to respect the fundamental human rights, the principle of democracy and federal structure of the state. It should also be pointed out that in the light of the position taken by the FCC, the integration mandate given by the Basic Law does not allow the authorities of the German state to accede to a federal state and renounce German sovereignty.
2

PERSPEKTÍVY BUDÚCEHO SMEROVANIA INTEGRÁCIE EURÓPSKEJ ÚNIE

100%
Kittová Z., Baráňová-Čiderová D., Silná Z.
Ekonomický časopis (Journal of Economics)
|
2008
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vol. 56
|
issue 7
662-677
EN
Beginning of the 21st century has brought new challenges to the European Union that are crucial for its future. As a result of political changes in Europe at the end of the 1980s and the beginning of the 1990s space for enlargement evolved and the Central and Eastern European countries showed definite interest in EU membership. Furthermore, there are other factors to be taken into account with regard to developments in the EU. Probably the most important one is the globalization process. Reflections on optimisation of inner isolation from other nations are undoubtedly obsolete. The Union has to offer framework conditions to ensure internal and external security to the whole integrated area and its members. This article focuses on changes in the integration process of the EU invoked by the facts mentioned above.
3

EUROPEAN PARLIAMENT - ORIGIN, DEVELOPMENT, ACTIVITIES, STRUCTURE AND IMPORTANCE FOR INTEGRATION PROCESSES IN EUROPE

100%
Fiszer J. M.
Myśl Ekonomiczna i Prawna
|
2005
|
issue 3(10)
21-48
EN
The paper is devoted to one of the oldest and major organs of the European Union, namely the European Parliament. It presents the origin and development of this institution dating back to the first European Communities i.e. the European Coal and Steel Community of 1952 and the European Economic Community of 1957. The author describes the prerogatives of the Parliament acquired progressively together with the development of the European Communities and the EU, its members and structure and the organization of work. A lot of emphasis is put on the role of the European Parliament in the integration process and building the united Europe. The paper also contains a lot of Polish aspects e.g. it describes the Polish road to the EU and the European Parliament and the course and results of the election to this EU institution in June 2004 when Poles (for the first time in history) elected their members of the European Parliament. The author also attempts to present the perspectives of the European Parliament in the enlarging European Union stressing the fact that before it is possible a new vision of the EU and the uniting Europe has to be worked out, the vision which does not seem to be easy to achieve. The concept like this is still non-existent and he doubts that we can soon expect its creation.
4

CHALLENGES TO THE EUROPEAN UNION REGIONAL DIVELOPMENT

100%
Oreziak L.
Myśl Ekonomiczna i Prawna
|
2008
|
issue 1(20)
7-17
EN
The aim of the analysis presented in the article is to specify the most important factors influencing the development of the EU regional policy. Main macro-economic and institutional determinants having influence on the effectiveness of this policy reducing regional disparities within the EU were examined. It is in the interest of Poland, the country which is characteristic of much lower level of economic development than most other member states, to use all the existing mechanisms to reduce that gap. But effective implementation of regional policy requires a provision of adequate finance. It means proper use of home as well as foreign resources, especially those coming in from the EU budget.
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