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1

TREATY ESTABLISHING CONSTITUTION FOR EUROPE - DOUBTS AND CONTROVERSIES

100%
Sozanski J.
Myśl Ekonomiczna i Prawna
|
2005
|
issue 1(8)
166-192
EN
The Treaty establishing the Constitution for Europe assumes the introduction of a new legal and institutional system and the creation of the new European Union characterized by a wide entity. However, it is carried out without a clear concept and principles of transit, a hierarchy and a structure of the system. It is an act of a compiliatory character which results from the way it is drawn up and which also explains its lack of unity and some inconsistencies with the regulations of the Constitution. Its systematic nature is far from being logical. It seems glaring to repeat certain regulations with a simultaneous change of their formulation and not to indicate their mutual relations. While rejecting 'acquis communautaire' some regulations of the Constitution appeal to it. A considerable degree of generality may lead to non-selfpracticability of the norms. All this may provoke collisions and interpretation and application of the Constitution regulations contra Iegem. In addition, the situation might also strengthen the influence of the biggest countries on functioning of the new Union although one should not assume that their role in preparing and defending the text of the of the Constitution aimed at achieving this.
2

THE TREATY OF LISBON - A REFORM OR ITS APPEARANCES? (Traktat z Lizbony - reforma czy jej pozory?)

100%
Kowalik-Banczyk K., Szwarc-Kuczer M.
Studia Prawnicze
|
2008
|
issue 1(175)
5-63
EN
The main aim of the article is to point out and assess the modifications introduced by the Treaty of Lisbon in respect both to the present legal situation and to the solutions proposed in the Constitution for Europe. The authoressess undertake a task to evaluate the real 'reforming value' of the Lisbon Treaty. To avoid associations with the Constitutional Treaty, it was decided to retain the structure of two treaties: Treaty on European Union and Treaty on functioning of the European Union instead of replacing them by one Treaty. The European Union will replace and succeed the European Community, thus becoming a coherent international organization equipped with legal personality. One of the consequences of this fundamental change will be the suppression of the three pillar structure of the EU, established in the Treaty of Maastricht. The paper examines modifications introduced by the Lisbon Treaty in the following fields: the protection of fundamental rights; the future Common Foreign and Security Policy, the Area of Freedom, Security and Justice, institutional changes; the role of national parliaments, as well as changes brought to the substantial EC law.
3

INCONSISTENCIES AND CONTRADICTIONS OF COMMUNITY LAW SYSTEM

80%
Sozanski J.
Myśl Ekonomiczna i Prawna
|
2005
|
issue 4(11)
12-54
EN
The Leaken Declaration adopted by the European Council on December 15, 2001 indicated weaknesses and inconsistencies of the system based on 'acquis communautaire'. Simultaneously, it advised the Convent to create the text of Constitution which would eliminate these weaknesses and create new solutions strengthening democracy, transparency and effectiveness of the Union. The introduction to the Treaty establishing the Constitution for Europe ( adopted October 29, 2004 in Rome ) claims that these objectives have been realized. But does it find confirmation in legal regulations of the above-mentioned Act? To answer this question the author first analyses the most essential weaknesses of 'acquis communautaire' and then the solutions adopted in the EU Constitution. The carried out juxtaposition indicates that 30 most essential shortcomings have been transferred to the Constitution. A lot of new ones have been added to 'transferred' shortcomings which resulted from mutual contradictions and inconsistencies of the Constitution provisions and repetitions of regulations of the same issues. However, in the 'acquis' system elimination of legal loopholes and contradictions and inconsistencies was carried out by the general principles of law. The text of the Constitution, however, does not specify the hierarchical position or the role of the general principles of law so they will not play a similar role in the new system - the system of the EU law . Moreover, the legal shortcomings introduced to the Constitution will be difficult to eliminate and due to the procedure of the Constitution changing and recommendations to seek 'assistance' (unfortunate from lege artis point of view) and the rules of negotiating the Convent agreements.
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