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Opinia na temat podstaw prawnych odmowy wjazdu obywateli państw trzecich do strefy Schengen w prawie Unii Europejskiej

100%
Zreda M.
Zeszyty Prawnicze BAS
|
2015
|
issue 3(47)
114-119
EN
Pursuant to the Regulation (EC) No 562/2006 of the European Parliament and Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) border control and determining the possibility of entry to the European Union apply individually to every third country national. One of the conditions of entry of third country nationals into the Union is to have a visa. EU law indicates those third countries whose nationals must be in possession of visa when crossing the external borders of the Union. This requirement applies also to citizens of Russia. The existence of reasons for refusing entry stipulated in the EU law obliges competent authorities of Members States to issue a decision to refuse entry to the European Union for third country national.
2
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Opinia w sprawie wniosku dotyczącego rozporządzenia Rady w sprawie ustanowienia Prokuratury Europejskiej

100%
Zreda M.
Zeszyty Prawnicze BAS
|
2013
|
issue 3(39)
105-120
EN
The proposal is part of the package of documents submitted by the European Commission to improve the institutional system of protection of the interests of the Union. As concerns the organization of the European Public Prosecutor’s Office, the author contests the decentralized nature of that authority proposed by the European Commission. He points out the vague wording of some pars of the proposal. In his view, doubts relate to the independence of prosecutors exercising the functions of European Delegated Prosecutors. He opts for limiting the jurisdiction of that authority. According to the author, the proposed regulation does not violate the principle of proportionality. He concludes that joint investigation and prosecution of perpetrators of offences against the Union’s financial interests are in common interest of both Poland and the EU.
3
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Projekt rozporządzenia Rady w sprawie ustanowienia Prokuratury Europejskiej

63%
Łacny J., Zreda M.
Przegląd Sejmowy
|
2014
|
issue 4(123)
37-64
EN
The article deals with the proposal for a Council regulation on the establishment of the European Public Prosecutor’s Offi ce (COM(2013) 534 fi nal). The European Public Prosecutor’s Offi ce is to be set up as a new Union law enforcement authority responsible for prosecution of offences affecting the Union’s fi nancial interests. Particular attention was paid to the issue of the compatibility of the proposal with the principle of subsidiarity (Article 5 (3) TUE). The Treaty of Lisbon has made national parliaments of the Member State responsible for the observance of that principle. More than a dozen parliamentary chambers have submitted reasoned opinions through which they addressed their concerns about violation of that principle by the proposed regulation. Despite the strong reaction from the national parliaments the European Commission has decided to continue work on the proposal. From analysis of the arguments contained in the reasoned opinions submitted by the national parliaments on the proposed regulation about the European Public Prosecutor’s Offi ce it follows that the rules of the operation of the principle of subsidiarity, and the assessment criteria applied in this respect, are unclear. Most of the reasoned opinions from the national parliaments contains, apart from the allegations related strictly to the principle of subsidiarity, other objections of a legal or political nature, which do not concern that principle. The practice of national parliaments in this area is not uniform. Lack of uniformity may be one of the reasons why the Commission does not seem to hear the voice of the parliamentary chambers and is continuing the work on the proposal.
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