This article focuses on the Treaty on Stability, Coordination and Governance in Economic and Monetary union (the so-called Fiscal Compact Treaty). It especially analyses the selected provisions of this international contract instrument and considers its impact on European primary law and the national law of Member States. In this respect, issues relating to reverse majority voting are examined, de facto the new kind of judicial control, the new obligations for Member States concerning the modification of their legal orders, which were not envisaged by the Foundation Treaties, etc. Other key problems addressed in the article are connected with the future “destiny” of the Fiscal Compact Treaty, including two different scenarios: a) the incorporation of its material scope into primary law or b) termination of the legal force of this act after the expiration of a certain period of time.
The article contains an analysis of the jurisprudence of German Federal Constitutional Court and the European Court of Justice judgment in the Pringle case (C-370/12). First of all, they examined consistency with EU law of the Treaty establishing the European Stability Mechanism and the Treaty on Stability, Coordination and Governance in Economic and Monetary Union (Fiscal Compact), both adopted beyond the institutional legal framework of the European Union. The analysis of this jurisprudence unequivocally reveals that the said treaties do not violate EU law, nor do they involve a conferral of new competences on the European Union by its member states. Secondly, this analysis shows that the case-law (particularly, the judgment of the European Court of Justice) legitimizes, to an extent, the so-call Schengen method, setting — at the same time — the legal framework for future inter-governmental measures to be taken for consolidation of the Eurozone. From the above-mentioned case-law it follows that the procedure used in Poland for approval of the decision of the European Council (2011/199/EU) and for ratifi cation of the Fiscal Compact was reasonable. That procedure may be applied in the future for ratifi cation of the Treaty establishing the European Stability Mechanism.
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