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1

Polish Policy in the Contex to the Euro Area Reform

100%
Barcz J.
Yearbook of Polish European Studies
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2013
|
vol. 16
s.69-85
EN
This article analyses, first of all, the evolution of the European Union sys¬tem in light of the reforms aimed at rehabilitating and consolidating the euro area. The principal conclusion of this analysis points to the fact that the differences among the EU Member States and the concentration of the decision-making process in the EU around the euro area, which has been observed for the last ten years, is culmi¬nating today with the ongoing reform of the euro area, which is becoming the core of European integration. But it is currently uncertain whether this development will take place within the legal and institutional framework of the EU, or whether the conse¬quences of the autonomisation of the euro area will lead to a fragmented EU. Sec¬ondly, the article focuses on Polish policy towards the euro area reforms, especially the issue of whether Poland should join this area. The current policy, referred to as ‘keeping a foot in the door’, can be effective in the short term (it is aimed at main¬taining the coherence of the EU during the euro area reforms), but it cannot meet the long-range strategic challenges, which require a clear programme of joining the euro area by Poland, thus ensuring its presence in the ‘centre’ of the process of European integration.
2
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Główne kierunki reformy ustrojowej UE

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Barcz J.
Constitutional Review
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2024
|
issue 2
7-27
EN
A revision of the treaties is not necessary at present to carry out the EU’s most urgent institutional reforms. Such reforms can be carried out on the basis of the socalled footbridge procedures. Also, institutional adjustments related to the planned enlargement of the Union do not require the conclusion of a revision treaty. The constitutional law science in Poland is confronted with a number of challenges in connection with the reform of the European Union. Nevertheless, the most important of these challenges is to restore the rule of law in Poland as quickly as possible.
3
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The Polish-German Border in the Light of the 2+4 Treaty and the Polish-German Treaty on the Confirmation of the Border between Them

100%
Barcz J.
Polish Yearbook of International Law
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2021
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vol. 41
93-104
EN
The essence of the “border problem” between Poland and the FRG reaches back to the provisions of the Potsdam Agreement of 1945. The Polish position was unambiguous from the beginning: the border on the Odra and Nysa Łużycka rivers was established under international law in the Potsdam Agreement, while the subsequent actions undertaken within the framework of the “peace settlement” could only have complementary, declaratory significance. On the other hand, in the FRG an official legal position was developed according to which the former eastern German territories were only given to Poland (and the USSR) “under their administration”, and the final decision on the border was left to be taken by the future unified Germany in a “peace treaty” or a “peace settlement”. This position was not changed by the Normalization Treaty between Poland and the FRG of 1970, because it was interpreted in the FRG as only a “treaty about the renunciation of force”, an element of a modus vivendi which was to last until the unification of Germany. On the other hand, the Zgorzelec Treaty of 1950 between Poland and the GDR was interpreted as not binding for the future unified Germany. Such a position deeply destabilized political relations between the FRG and Poland in the post-war period and had a conflict-generating significance in a number of areas. At the beginning of 1990 the political changes in Poland coincided with the process of German unification. The democratic opposition in Poland, and thereafter the government of Tadeusz Mazowiecki, unequivocally supported the right of the German people to self-determination, at the same time expecting an unequivocal position on the Polish-German border. This fundamental problem was closed in 1990 under two international agreements: the Treaty on the Final Settlement with Respect to Germany (2+4 Treaty) and the Treaty between the Federal Republic of Germany (united Germany) and the Republic of Poland on the confirmation of the border between them. Thus for thirty-plus years now the “border problem” has been removed from the agenda of political discussions in Polish-German relations, which proves the effectiveness and durability of the agreement reached, which was reflected in both treaties.
4
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Wyrok niemieckiego Federalnego Trybunału Konstytucyjnego z dnia 18 marca 2014 r. Koniec sporu o konstytucyjność reformy strefy euro

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Barcz J.
Przegląd Sejmowy
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2014
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issue 5(124)
91-108
EN
In the recent years the Federal Constitutional Court has referred to the measures taken on the EU level in order to overcome the financial crisis in the Euro zone and its consequences. The judgment of 18 March 2014 provides the summary of these case-law, confirming its compliance with the German constitution: the Treaty establishing the European Stability Mechanism and the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union. The reasoning of the German Court is consistent with the arguments resulting from the judgment of the Court of Justice of the European Union in Case C-370/12, Pringle. In the German legal doctrine, the judgment of the Federal Constitutional Court of 18 March 2014 is also coupled with the hope for reduction of the use of constitutional complaint for purposes of political struggle, which has become widespread particularly in the context of measures taken to reform the euro area. Nevertheless, in the context of mechanisms for interaction between parliament and government in relation to “EU issues”, an important question is the extension and precise establishing of the competences of the Bundestag (and Bundesrat) concerning the creation of internal (national) position to the European Stability Mechanism and the related powers to obtain relevant information from the federal government. It is also important that the mechanisms of cooperation between federal government and the Bundestag (Bundesrat) in the “EU issues” include matters connected with intergovernmental measures undertaken formally by the EU Member States — outside the EU institutional legal framework, but closely related to EU law. This solution may be the of interest to other EU Member States.
5
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The Integration Act of Poland with the European Union in the Light of the Constitution of the Republic of Poland

100%
Barcz J.
Contemporary Central and East European Law
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1999
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issue 121-124
5-18
6
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Powierzenie kompetencji na rzecz Unii Europejskiej a Traktat o Europejskim Mechanizmie Stabilności i Traktat o unii fi skalnej. Uwagi w świetle orzecznictwa Federalnego Trybunału Konstytucyjnego i wyroku Trybunału Sprawiedliwości UE w sprawie C-370/12

63%
Barcz J., Kranz J.
Przegląd Sejmowy
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2013
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issue 4(117)
23-48
EN
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.
7
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Conférence scientifique sur la réalisation de l'accord de rente RPP - RFA du 9 X 1975 la lumiére de la jurisprudence du Tribunal Social Féderal, Popowo, 2 octobre 1979

63%
Barcz J., Maćkowiak P.
Contemporary Central and East European Law
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1980
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issue 3-4(47-48)
93-95
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