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Normy prawne i ordynacja wyborcza w wyborach do Parlamentu Europejskiego w Polsce w 2004 r.

100%
Tupalski T. A.
Colloquium Wydziału Nauk Humanistycznych i Społecznych AMW
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2012
|
issue 1
87-120
EN
Election of Members of the European Parliament on Polish territory for the first time took place in 2004. This election is a historic moment, because Poland and Polish people for the first time we were able to choose their representatives to the European Parliament. For the first time will Parliamentarians have its European family, the structures of the Polish accession to the European Communities, so that we share responsibility for the further development and future of our Europe. The elections were conducted under the Act of 23 January 2004 – Elections to the European Parliament. The literature on this subject is small, they are mainly publications concerning mechanisms for passing laws and discussing its main goals. Existing data do not cover the whole subject, as appeared before the majority of the Ordinance implementing acts. I hope that my article although the closer the issue of electoral law and the holding of elections to the European Parliament, and will be for the reader an introduction to the handbook and knowledge for entry to the course of European integration, European communities law and will bring the functioning of the institutions of the European Union.
2
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MULTI-ANNUAL FINANCIAL FRAMEWORKS OF THE EUROPEAN UNION AFTER 2013 (Wieloletnie ramy finansowe Unii Europejskiej po 2013 roku)

100%
Sapala M.
Przegląd Zachodni
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2011
|
issue 3(340)
181-195
EN
The aim of this paper is to present the procedures and key issues in the debate on the Multi-annual Financial Framework (MFF) of the European Union after 2013. The new conditions introduced by the Treaty of Lisbon are discussed. These are the changes that have financial consequences for the EU (e.g. the creation of the European External Action Service), but also changes in the decision-making procedure, which are important for the European Parliament's role in shaping both the multi-annual and annual budgets. In addition, the main topics of the Parliament's position are analyzed, such as the political priorities, the concept of European Added Value, duration and structure of the MFF, the size of the budget and reform of the EU's own resources. The article describes the state of the debate at the end of May 2011, i.e. after the presentation of the EP's priorities, but before submitting a legislative proposal by the European Commission.
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THE CONSTITUTION AND 'EXTERNAL AFFAIRS'

100%
Garlicki L.
Przegląd Sejmowy
|
2007
|
issue 4(81)
195-210
EN
The Constitution of 1997, compared to its predecessors, takes a more comprehensive approach to the issue of division of competence to exercise of external powers and the issue of the status of international law in the domestic legal system. These regulations have proved their practical usefulness and do not require review. The more so that they have been created with full awareness of the evolution of importance of particular authorities on the local level as well as an adequate knowledge of the rank and role of 'classic' international law in the modern world. European integration (and, to be precise, the consequences of Poland's membership in the EU to the domestic law) is, on the contrary, the issue that has not found such a mature constitutional regulation. The political disputes, which accompanied the adoption of the Constitution in 1997, resulted in a very restrained approach to these issues by the authors of the Constitution. It might be said that the distinction between 'transfer of competence' and 'transfer of sovereignty' is properly made in the constitution, and the position of EU law is sufficiently specified, but the situation in other areas is not so good. There is lack of satisfactory regulation of the division of competence between the government and parliament in relation to 'European issues' (which particularly undermines the position of the legislature). Beyond the constitutional regulation are European electoral matters, both in respect of elections of Members of the European Parliament and the status of citizens of other EU Member States in national parliamentary elections. There is an obvious need to re-formulate Article 227 (the role of the National Bank of Poland) before Poland's accession to the Euroland. The list of those desirable, or necessary in the future, changes may be much longer. The existence of this problem cannot be neglected. Otherwise, serious troubles can arise, as seen on the example of the European Arrest Warrant (when the amendments to Constitution were made in undue hurry). It has become fact that Poland is a member of the European Union. And this fact should be reasonably, adequately and clearly reflected in the constitution. This must be made in advance before new troubles and complications appear.
4

THE GENESIS AND EVOLUTION OF A FACTION OF THE EUROPEAN PEOPLE' S PARTY (THE CHRISTIAN DEMOCRATS) WITHIN THE EUROPEAN PARLIAMENT (Geneza i ewolucja frakcji Europejskiej Partii Ludowej (Chrzescijanskich Demokratów) w Parlamencie Europejskim)

100%
Gagatek W.
Studia Polityczne (Political Studies)
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2007
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issue 20
99-126
EN
The article is devoted to the genesis and evolution of a faction of the European People's Party (EPP), currently the largest political faction within the European Parliament (EP). Although the literature dealing with the subject of political factions within the EP is growing increasingly, one of its fundamental deficiencies is overlooking the potential influence, within a given faction, of the political ideology of the parties represented on the method of its organisation. It is for this reason that the author proposes to explain the evolution of the EPP first and foremost through focussing on the influence of Christian Democrat ideology on its work methods, as well as on attempts to extend the EPP by a new party and the effects thereon. Conceptual solutions dealing with the motives underlying the formation and expansion of political factions precede the actual analysis, as does a brief discussion of the influence of Christian Democrat ideology on that party's organisation in Western Europe. In the main section, the author undertakes to verify the hypothesis that the EPP faction's strategy of expansion in the 1980s and 90s, primarily through opening itself to conservative parties, resulted from the definitional multidimensionality of Christian Democracy and Christian Democratic movements. The developmental stage of the EPP (1953-1999) which is presented, including, in particular, its expansion through new members, is a positive verification of the afore-mentioned hypothesis. Nonetheless, in conclusion, the author claims that within the EPP faction two Christian Democrat blocs appear to exist, which, although they are united in certain political ideas, differ diametrically in their visions of conducting policy and building a political league.
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EU and political parties: are EP elections and EU presidency parties’ priorities?

100%
Pacześniak A.
Wrocławskie Studia Politologiczne
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2010
|
vol. 11
128-137
EN
Although the presidency of the Council of the European Union and elections to the European Parliament are linked to the European political space, preparations for them are made on the national arena. Priorities of the political parties, however, are not the same in the case of these two events. Preparations for the EU presidency is not a field for ideological and party involvement. A mosaic of different interests and variables which shall be taken into consideration (including the necessity of working out common priorities by the member states forming the trio of presidencies, taking into account the current international situation, finding a place on the EU calendar, respecting the EU’s progress in concrete policy areas) makes the interparty battles rank low on the list. When analysing the member states’ presidencies of the EU to date and participation of political parties in preparations for this event, we shall not expect great involvement on their part. Elections to the European Parliament have been “domesticated”, “tamed” by the national political parties, political competition realities from the national level have been adapted for the level of European elections. However, the importance of these elections is not the same for individual political parties and is affected by many factors: position held by a given political party in the national political system, relations towards power wielding (a ruling or opposition party, a parliamentary or non-parliamentary party) and the national election calendar.
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THE REPRESENTATIVE RELATIONSHIP AT A EUROPEAN UNION LEVEL: AN ATTEMPT TO DESCRIBE THE NATURE OF MANDAT (Stosunek przedstawicielski na poziomie Unii Europejskiej (proba opisu charakteru mandatu)

88%
Szymanek J.
Przegląd Sejmowy
|
2011
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issue 3(104)
91-111
EN
This article deals with relations between a Member of the European Parliament and a voter. The author wonders if this relation corresponds with the traditional notion of the representative mandate established in the classical theory of constitutional law, or it is of a somewhat indefinite nature. The Treaty of Lisbon specifies that 'The European Parliament shall be composed of representatives of the Union's citizens' (Article 14(2) TUE), providing, at the same time, a precise definition of the 'citizen'. According to it, 'every national of a Member State shall be a citizen of the Union' and 'citizenship of the Union shall be additional to national citizenship and shall not replace it'. (Article 9, last sentence). There is no doubt that in this relation, the one who is represented is the Union's citizen, i.e. a national of a Member State. Here, a question arise whether the classical formula of representation provided by constitutional law could be applied to the representative relation defined above. The requirement for utilizing legal construction of representation, in the proper meaning of the word, is the existence of a unified and homogeneous substratum constituting the represented entity. Under a conventional scheme of representation, such a substratum is simply the nation or people, without any internal diversification. However, such unified treatment is not quite the case at EU level. Electoral mechanism specifying national quota of MEPs violates the principle of holistic approach to the represented entity, which is also contravened by the secondary nature of EU citizenship, explicitly specified in the Treaty, in relation to citizenship associated with a member state. As a result, Union's citizens sitting in the European Parliament are selected according to national (state) classification. Owing to various measures, both formal (concerning electoral law) and actual (concerning mostly political parties at EU level), these differences are minimized , but cannot be completely eliminated. Nevertheless the entire legal and political structure of the European Parliament is slowly losing its national character and gaining clearly European traits.
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DISTRIBUTION OF SEATS IN THE EUROPEAN PARLIAMENT IN ACCORDANCE WITH THE PRINCIPLE OF DIGRESSIVE PROPORTIONALITY (Podzial miejsc w Parlamencie Europejskim zgodnie z zasada degresywnej proporcjonalnosci)

88%
Cegielka K.
Mathematical Economics
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2010
|
issue 6(13)
5-20
EN
Division of mandates to the European Parliament has been regulated in the Lisbon Treaty, according to which seats are allocated according to the principle of digressive proportionality. The terms of the new rules are associated with large differences in the population of the European Union countries, which have taken place since the inception of the Union. Despite the fact that the new rule has been in force since 2009, in the paper the author has shown that the divisions existing in previous terms of office of the European Parliament also complied with the new assumptions.
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Wybory europejskie 2009 – jutrzenka czy zmierzch demokracji europejskiej?

88%
Skrzypek A.
Wrocławskie Studia Politologiczne
|
2010
|
vol. 11
138-147
EN
„European elections 2009 – rise or twilight of the european democracy” is a study, which aims at assesing the state of democracy in the European Union, using the example of the recent european elections. The first part of the article outlines the theoretical conditions that need to be fulfilled by the elections in order to name them as „democratic ones”. The author examines the legal obligations and the political consequences of setting in which citizens of the EU vote on different days and accordingly to generally different electoral rule, without a true influence on subsequent fraction and coalition building in a newly elected European Parliament. The second part elaborates on the political impact of the elections (including the meaning of the declining voters’ turnout), on the character of organizational arrangements (such as traditional grand coalition in the EP), as also on the dychotomy in compositions of the different European institutions and its influence on the decission making process. What makes this study particularly interesting is surely innovative approach to the lessons drawn from the democratic crisis of the EU and the consequences of the process of putting in place a new institutional order starting from the Constitutional fiasko and finishing with the provisions introducing the new Lisbon Treaty.
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Content available remote

Rola badań opinii publicznej w polityce informacyjnej Unii Europejskiej na przykładzie sondaży związanych z wyborami do Parlamentu Europejskiego

75%
Ogonowska A.
Studia Europejskie-Studies in European Affairs
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2011
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issue 2
93-116
EN
Eurobarometer surveys provide the European Commission with information on public attitude and reaction on EU activities. They are a tool of great importance for the EU information policy. The case study described in this article focuses on information problems related to the European Parliament elections. The article focuses on 5 topics: awareness of the European Parliament and European elections, turnout, profiles of voters and non-voters and evaluation of information campaigns. Recommendations of Eurobarometer researchers point out weak points of past campaigns and suggest future improvements although data analysis leads to conclusions that information activities aiming at encouraging voters to attend elections are a kind of “mission: impossible”. Rather by any failure in information activities, this is caused by the power and importance of the European Parliament in EU institutional structure.
10

PUBLIC PROCUREMENT (WITH RESPECT TO EC/EU LEGISLATIVE) (Vyvoj v pravni uprave verejnich zakazek v CR (podle predpisu EU/ES))

75%
Marek K.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2010
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vol. 93
|
issue 1
35-56
EN
When the Czech Republic became a member state of the European Union, the new act n. 40/2004 Col., on public procurement, came into a force. In the meantime there were issued some new directives on the public procurement and sector procurement (2004/17/EC and 2004/18/EC). The member states were obliged to transpose these directives into the national legislation till 31st December 2006 at the latest. The Czech Republic enacted the relevant legislation, the new act n. 137/2006 Col., that entered into a force on 1st July 2006. The Directive 2004/18/EC of the European Parliament on the coordination of procedures for the award of public works contracts, public supply contracts and public services contracts and the Directive 2004/17/EC of the European Parliament coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors were implemented. The European legislation regulates only the so called excess limit procurements it means the procurement of the presumed value which will reach the limits settled in the EC legislation. The act n. 137/2006 Col., regulates also the procurements that do not reach these limits. While interpreting the act n. 137/2006 Col., on public procurement it is important to follow its provisions and also respect the uniform interpretation made by ECJ.
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