Search results - CEJSH

1

Opinia na temat wymogów wynikających z prawa Unii Europejskiej dotyczących terminu uchwalenia projektu ustawy – Prawo wodne, konsekwencji jego nieuchwalenia i związanych z tym kosztów, którymi może być obciążona Rzeczpospolita Polska

100%

Łacny J.

Zeszyty Prawnicze BAS

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2017

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issue 3(55)

75-84

EN

According to the bill, the act should enter into force on 1st of July 2017, although without certain articles, which are supposed to enter into force later. In case of a non adoption of the act the European Commission can initiate proceeding under article 258 Treaty on functioning if the European Union, urging to remedy the infringement. If the state does not eliminate the breach, the case may be brought before the Court of Justice of the European Union. If the Court finds that the complaint was justified, a financial penalty may be imposed on the country. The penalty is adopted in the form of a lump sum or a periodic financial penalty.

2

Komunikat Komisji Europejskiej do Parlamentu Europejskiego i Rady Formuła konferencji w sprawie przyszłości Europy

100%

Mik C.

Zeszyty Prawnicze BAS

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2020

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issue 2(66)

95-105

EN

The European Commission Communication on the Conference on the Future of Europe is a contribution to the inter-institutional discussion on the convening and operation of the Conference and its results. From this perspective, it is a working document, not a final one, which would cause the necessity to take a clear and comprehensive position. In the author’s opinion, the draft inter-institutional declaration on the Conference will be of key importance.

3

Opinia prawna na temat wyboru podstawy prawnej dla projektowanej dyrektywy Rady w sprawie wspólnego systemu podatku od transakcji finansowych, zmieniającej także dyrektywę 2008/7 [KOM(2011) 594 wersja ostateczna]

100%

Mik C.

Zeszyty Prawnicze BAS

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2012

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issue 2(34)

105-110

EN

This paper addresses the decision of the European Commission in the matter of the proposed Council Directive on the common system of financial transactions. It upholds that The European Commission has made the correct choice of indicating art. 113 TfUE as the legal basis of the proposed Council Directive on the common system of financial transactions and amending Council Directive 2008/7 [COM (2011) 594 final].

4

A More Economic Approach to the Application of EU Merger Control

85%

Zalewska-Głogowska M.

Adam Mickiewicz University Law Review

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2015

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vol. 5

171-186

EN

In general terms, the more economic approach to the application of EU merger law implies increased reliance on theoretical concepts from industrial economics and quantitative methods of analysis, firstly in the case of investigations and, secondly, when formulating legislation and defining the criteria that are to be set. In other words, a tendencyof the more economic approach to EU merger control is to base the evaluation of each specific case on an assessment of its anti- and pro-competitive effects (effects-based approach), rather than on the form of the intrinsic nature of a particular practice (formbased approach). In this article, the author presents the development of the more economic approach to the application of EU merger control and analyses the implications of this new trend which is present in the European Commission’s practice.

5

The European Parliament and European Commission after the May Elections: An Indispensable Partnership?

80%

Gostyńska A.

The Polish Quarterly of International Affairs

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2014

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issue 1

83-95

EN

This article will clarify the debate on this personalisation of the elections. By placing the relationship between the European Parliament and Commission in a longer-term context, this article debunks the notion that personalisation marks a revolution in inter-institutional relations leading to the sudden politicisation of the Commission. Rather, it is just one in a long line of moves by the EP towards reinforcing its scrutiny of the Commission’s actions. Moreover, this article argues that it is the undermining of the community method in the EU since the crisis broke out, coupled with the apparent shift of power and discretion towards national governments, that is pushing the European Commission into the arms of the EP. This is particularly clear in the EU economic and financial agenda, where the European Council has grown to take the predominant role in agenda-setting, traditionally the Commission’s domain. Finally, this article presents some prospects for cooperation between the Commission and the Parliament.

6

Polityka informacyjna Komisji Europejskiej w latach 2010–2014

80%

Ogonowska A.

Studia Europejskie-Studies in European Affairs

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2016

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vol. 1

165-186

EN

The article refers to the information policy conducting by the European Commission in 2010–2014. In examined period the European Union faced the Eurozone crisis and substantial drop in trust in itself and its institutions. The paper looks for answers a question „in which way the European Commission information policy has coped with these two problems”. In order to fi nd the answer it was reminded the ways the European Commission in its information policy reacted to crisis situations in 1993–2009 and then it was compared to its response to the last crisis. The analysis has encompassed the structure of institutions responsible for the policy execution, the strategic documents, the main information initiatives and cooperation with the member states. In the results it was established that in examined period the European Commission did not present true plan of information activities which would be able to support the process of overcoming the crisis. The process of minimisation of the information activities was also noticed clearly what proves the unbelief in its effectiveness. This is demonstrated also by institutional solutions in the European Commission. The information policy from the priority position was put on the sidelines of the European Union interests.

7

The Commission’s Reflections on the EU’s Future

80%

Gniatowski Z., Skawiński F., Zygmunt I., Kopcewicz G., Olszanecka N., Urbański D., Piechowiak-Lamparska J., Bryc A., Bojarczyk B., Jorgensen F. A. E., Niedziołka D., Pacześniak A., Potorski R., Wincławska M., Włodkowska-Bagan A., Jeran A., Mol A., Solsbery A., Dąbrowska I., Głodkowski M., Kopcewicz G., Olszanecka N., Piechowiak-Lamparska J.

The Copernicus Journal of Political Studies

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2014

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issue 2 (6)

PL

This paper presents the way the European Commission (EC) views the European Union’s future and its own future role. It argues that despite the new rules introduced by the Treaty of Lisbon, the EC will not become overly politicized after the 2014 European elections. The paper also outlines the case for political union through a “democratic federation of nation states”, as proposed by the President of the European Commission Jose Manuel Barroso in State of the Union 2012, and discusses the Commission’s proposals for further economic integration in the Eurozone and the EU in general, with special focus on the European Semester procedure and the EU’s new economic governance. The Commission’s projects are then put in the context of predictions about the EU’s future, made by researchers dealing with the subject.

8

Surprise, an Anniversary Gift or a Real Challenge? Quick View on the Election of Donald Tusk for the President of the European Council

80%

Potorski R., Kopcewicz G., Olszanecka N., Urbański D., Piechowiak-Lamparska J., Bryc A., Bojarczyk B., Jorgensen F. A. E., Niedziołka D., Pacześniak A., Potorski R., Wincławska M., Włodkowska-Bagan A., Jeran A., Mol A., Solsbery A., Dąbrowska I., Głodkowski M., Kopcewicz G., Olszanecka N., Piechowiak-Lamparska J.

The Copernicus Journal of Political Studies

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2014

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issue 2 (6)

PL

Ten years after Poland’s accession to the European Union it seems right to ask the question: is our country a subject or an object in the political game in Brussels? Is our position strong enough to effectively influence the decision-making mechanisms in the European Union? Or maybe what some say about Poland’s position in the EU is true and our country is indeed “playing out of its league? In an attempt to contribute to answering these questions, in this text the author tries to identify the factors which may have had an impact on the election of Polish Prime Minister Donald Tusk for the President of the European Council. The aim of the conducted cognitive process is also to perform an initial analysis of the visible results of this move, both for the institutional system of the European Union and for the way in which public decisions are shaped within the organization.The author also tries to identify the most significant challenges the Union has to face, as seen from the perspective of the President of the European Council. One might hope that this will be a good starting point for learning about the mechanism of forming political decisions in the EU, which will also find their place in the hereby publication as part of an extended analysis.

9

Methodological aspects of measuring the effectiveness of the EU participatory mechanisms: the case of the European citizens’ initiative.

80%

Borońska-Hryniewiecka K.

Przegląd Europejski

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2017

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vol. 2017 (44)(2)

10-23

EN

This paper proposes a research design which allows for a comprehensive assessment of the effectiveness of the European citizens’ initiative (ECI) – the first EU transnational participatory tool. It provides an analytical framework based on a broader conceptualisation of the notion of “effectiveness” which goes beyond the sole legislative function of the ECI. Consequently, the paper suggests to evaluate the ECI in five different dimensions: as a dialogue and communication enhancing tool, an awareness-raising tool, a deliberative space, a citizen-activating mechanism, as well as an agenda-setting instrument. Operationalisation of the dependent variable through a set of democratic functions that the ECI might perform allows not only to evaluate its capacity to enhance the democratic legitimacy of the EU but also to identify the tool’s limitations and propose ways of improvement. The paper also suggests a qualitative method of testing the hypothesised effects of the ECI.

10

Mapa drogowa jednolitego rynku wewnętrznego - założenia czy rzeczywistość?

80%

Stefaniak J., Kuczewska J.

Przegląd Zachodni

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2017

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issue 2(363)

247-260

EN

Contemporary economic problems, institutional transformation, subsequent enlargements, counteracting the effects of economic and euro area crisis are factors that have contributed to limiting the EU’s activity in developing a single market. In 2015 the European Commission presented a new strategy for strengthening the internal market which is to raise the effectiveness of its functioning. The aim of the article is to assess the progress in accomplishing the priorities formulated in the strategic documents of the internal market. The discussion focuses on issues related to the question whether programmes and measures aimed at strengthening the potential of the internal market have actually been implemented. When assessing the rate of the process of implementation of internal market strategy over a span of thirty years it can be concluded that it is the effect of factors that arise both on the part of the EU institutions and particular member states. Considering the experience of the EU so far in implementing specific strategies to enhancethe realization of an internal market it can be supposed that in light of the current social-political-economic events the very ambitious and comprehensive premises of the present single market development strategy will not be fully realized in the assumed time frame.

11

Wpływ Niemiec na formowanie się Komisji Europejskiej w latach 2005-2019

80%

Koszel B.

Przegląd Zachodni

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2020

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issue 2 (375)

29-43

EN

The European Commission, acting as an executive power and initiator of the EU legislative process, was in the 21st century at the center of Germany’s European policy. First of all, German politicians wanted to: 1. ensure the appointment, in accordance with their wishes, of the President of the Commission 2. provide the German candidates with the most important and prestigious positions in each college; 3. obtain the possibility of influencing the course of the EC’s work. In the opinion of the author of the article, the Germans under Chancellor A. Merkel succeeded in achieving most of these goals, due to the growing importance of the Federal Republic of Germany in the European Union and in the international arena. The article uses the institutional and legal, comparative and decision-making methods.

12

The Status of the European Institutions Officials

80%

Hoffmann T.

Polish Political Science Yearbook

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2007

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vol. 36

224-232

EN

The European Union increasingly influences the member states, their political institutions, business groups, commercial business sector and the citizens. The institutions, politics and legal regulations of the Communities influence also countries and human beings from outside the Union. This influence means that each member state of the European Union has its own representative in the European Institutions such as European Parliament, European Commission, the Court of Justice and the Court of Auditors.

13

Opinia na temat komunikatu Komisji Europejskiej zatytułowanego Biała księga w sprawie przyszłości Europy. Refleksje i scenariusze dla UE-27 do 2025 [COM(2017) 2025 final]

80%

Mik C.

Zeszyty Prawnicze BAS

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2017

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issue 2(54)

73-86

EN

The European Commission’s White Paper illustrates predictions about the future of functioning of the European Union. The Commission conducts a general analysis and describes in detail reactions to current challenges and threats which the European Union faces. The Commission does not notice any need to fundamentally reform the Union. The White Paper does not trigger directly any legal consequences and is not legally binding in light of the EU and Polish legal systems. The Council of Ministers found that the Commission’s proposition of a multi-speed development of the European Union may be unacceptable from the perspective of Poland.

14

Ocena sprawozdania ogolnego Komisji Europejskiej z działalności Unii Europejskiej

80%

Jolanta A., Konrad K., Mirosław S., Zofia S., Adrian G., Jacek K., Piotr R., Kamilla M.-B., Paweł B., Paweł K., Dobromir D., Łukasz Ż., Marek J.

Zeszyty Prawnicze BAS

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2019

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issue 2(62)

55-89

EN

The article contains description of the subject matter of the European Commission’s document, as well as its substantive and legal assessment. The authors point out that the report is not controversial. The document issued by the European Commission is correct from the legal point of view and conforms to the adopted work program. Most of the issues described in the report were raised in the course of the year in the form of detailed documents.

15

Opinia Komisji w sprawie projektu rozporządzenia Parlamentu Europejskiego ustanawiającego przepisy i ogólne warunki regulujące wykonywanie funkcji Rzecznika Praw Obywatelskich (Statut Europejskiego Rzecznika Praw Obywatelskich) i uchylającego decyzję 94/262/EWWiS, WE, Euratom

80%

Jaśkowski M.

Zeszyty Prawnicze BAS

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2020

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issue 2(66)

87-94

EN

The European Commission has a mostly positive view of the draft EP regulation submitted by the European Parliament and states that many of the proposed changes consolidate current practice or introduce improvements. As regards some specific issues, the Commission made critical comments. Generally, the information of the Council of Ministers is in line with the opinion of the European Commission and deserves approval. The postulate contained in the information of the Council of Ministers to limit the scope of the concept of “maladministration” to violation of the right to good administration within the meaning of Art. 41 Charter of Fundamental Rights should be assessed negatively.

16

Sytuacja w zakresie praworządności w Unii Europejskiej w 2021 r. – opinia w sprawie komunikatu Komisji

80%

Łacny J.

Zeszyty Prawnicze BAS

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2022

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issue 2(74)

101-132

EN

The opinion analyses the European Commission’s report on the situation regarding the respect for the principle of the rule of law by the EU Member States, with a special focus on Poland. The Commission formulated therein critical remarks concerning the solutions related to the Polish system of justice. Reservations are raised, inter alia, as to the lack of independence of the Disciplinary Chamber of the Supreme Court, which makes decisions in cases directly affecting judges and their judicial functions, and as to the issue of the independence and legitimacy of the Constitutional Tribunal. The European Commission also has reservations about the widespread use of fast-track legislative procedures in Poland. However, it praised Polish anti-corruption measures and legislative work aimed at implementing the Audiovisual Media Services Directive.

17

Opinia na temat konkluzji z posiedzenia Rady Europejskiej (10 i 11 grudnia 2020 r.) dotyczących projektu rozporządzenia w sprawie ogólnego systemu warunkowości służącego ochronie budżetu Unii

80%

Jaroszyński T., Jaśkowski M.

Zeszyty Prawnicze BAS

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2021

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issue 1(69)

114-124

EN

The authors discuss the conclusions of the European Council addressing issues related to the concept of conditionality in the context of the draft regulation of the European Commission of 2nd May 2018, which would authorize the Council to implement measures for the protection of the Union budget. The authors also question the compliance of the Commission’s declaration, in which it takes note of the conclusions of the European Council and confirms its position, with the proposed regulation.

18

Ocena sprawozdania Komisji Europejskiej: Kontrola stosowania prawa Unii Europejskiej. Sprawozdanie roczne za rok 2019

80%

Jaśkowski M.

Zeszyty Prawnicze BAS

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2021

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issue 2(70)

175-183

EN

The author points out that, in the light of the information contained in the report, negative developments include the fact that a relatively large number of infringement proceedings are initiated and pending against Poland and that Poland has recently lost a relatively large number of cases in the Court of Justice. On the other hand positive aspects include a significant reduction in the number of proceedings for failure to implement directives in a timely manner and the fact that in the reporting period no judgment was issued against Poland for failure to implement the judgment of the Court of Justice.

19

The use of new media in the European Commission’s information policy

70%

Piechowicz M.

Przegląd Europejski

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2016

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vol. 2016 (41)(3)

98-121

EN

Recent years confirm that new media have become one of the basic elements of creating communication strategies for the EU institutions. Officials and main decision-makers are increasingly involved in the realm of social media. It is even more significant when we observe that they make use of this tools in a fully transparent way. Such activities add new dynamics to European communication policy. This paper discusses the real-time nature of the Internet communication sphere of the EU institutions created within the guidelines of the European Commission’s new communication strategy, which makes social media complementary to conventional informational operations.

20

Prace Komisji Europejskiej w zakresie opieki długoterminowej

70%

Petelczyc J.

Zabezpieczenie Społeczne. Teoria, Prawo, Praktyka

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2013

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vol. II

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issue 2

88-92

XX

Presented article analyzes the Commission staff working document on long-term care. The role if this document is to show that the social investment should not just be spending on young people but also for the elderly. The article presents demographics, describes conditions that have infl uence on independent and self-governing live and also gives examples of long-term care in various countries of European Union.

PL

Artykuł koncentruje się na najnowszych pracach Komisji Europejskiej w zakresie opieki długoterminowej.

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