Open AccessEuropeanization of Law in Poland from the point of view of Constitutional Law
Author(s) -
Andrzej Szmyt,
Anna Rytel-Warzocha
Publication year - 1970
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.3.2019.42
Subject(s) - european union , law , accession , political science , constitution , ratification , statutory law , treaty , european union law , constitutional law , harmonization , european integration , common law , municipal law , international trade , politics , business , acoustics , physics
The article is devoted to the challenges and problems concerning the accession of the Republic of Poland in the European Union. The authors analyze the constitutional bases of the accession to the EU as well as basic legal acts which have regulated the mutual relations between Poland and the EU.
The Republic of Poland has acceded to the European Union by virtue of the Accession Treaty which was signed on 16 April 2003 in Athens and entered into force on 1 May 2004.
From the point of view of constitutional law, there were several issues which concerned the preparation for EU accession at the national level. They were especially related to: 1) the establishment of legal basis allowing for the integration the law of the European Union with Polish constitutional law, 2) the harmonization of the Polish legal system with the legal order of the European Union, 3) the establishment of the ratification procedure of the Accession Treaty. All these issues required new legal regulations to be implemented to the Constitution. That was why the new Constitution of the Republic of Poland adopted on 2 April 1997 included two provisions relevant for the issues concerning the integration with the European Union - art. 90 and art. 91 para
The main problems presented in the article concern the relation of Polish national law (in particular the Constitution) to the sources of primary and secondary European law, the harmonization of Polish law with EU law (constitutional amendments referring to “EU matters”, necessary amendments of statutory law and the provisions of the Standing Orders of the Sejm and the Senate), as well as institutional changes in Poland determined by the EU membership.