SPRAWNE PAŃSTWO A CZŁONKOSTWO W PROCESIE INTEGRACJI EUROPEJSKIEJ Problem zmiany Konstytucji RP z 1997 r. w związku z członkostwem Polski w UE
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Date
2006
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Wydział Prawa i Administracji UAM
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AN EFFICIENT STATE AND EU MEMBERSHIP IN THE INTEGRATION PROCESS Amendments in the Polish Constitution 1997 arising from Poland’s membership in the European Union
Abstract
Accession to the European Union is for each state a substantial challenge of its political system.
In order to satisfy its obligations arising from EU membership, and in particular in order to
participate actively in the Community’s decision making process, the State must harmonise its
system of government and its state system. This requirement is also true for Poland, even though
the Polish Constitution of 1997 is a modern solution that establishes a solid and sound foundation
for Poland’s participation in an international forum, and in the processes of European integration.
And yet, already prior to Poland’s accession, it had been recognised that certain approximations
of the Constitutional provisions would be needed. Today, two years after the accession, the
postulated amendments of the Constitution are classified as those which are necessary (arising out
of the State’s undertaking to transpose, or incorporate into the State’s legal system of the European
Arrest Warrant), amendments that are very desirable (such as abolition of the requirement of
a 50% participation of entitled voters in a referendum on the ratification of revision agreements
amending the TEU, creation of grounds for the issue of executive orders, or of constitutional
grounds for the electoral law compatible with the EU requirements) and the desirable (recommended)
amendments (that would strengthen Parliament - government collaboration in matters
related to the EU membership).
However, the internal political situation in Poland has rendered implementation of those
amendments impossible. If this situation continues, its consequences shall be not only infringement
of the Community laws but also a much lower role that Poland will play in the Community’s
decision making process in the future.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 68, 2006, z. 2, s. 95-104.