Good riddance:
– Poland ratified in May 2021 the decision on own resources of the European Union. We had doubts about the mode of acting and voting. But then he showed up. the subject of whether we can retreat from this decision. As we know, we have agreed to surrender any of the competences of the European Union in exchange for the promised sea of money that was to come to us. That sea didn't come to us. It was claimed to be due to the regulation of law. Now it turns out that this lawfulness has no meaning at all. due to the fact that as shortly as the government changes, that money will be unlocked without changing anything. So it's becoming a tragedy.
– After a fewer months, a question came up. whether Poland can retreat from this ratification, from this agreement to recognise decisions on the European Union's own resources. Z Ministry of abroad Affairs reported that it did not. According to the ministry, this agreement is simply irreversible. It seemed exotic and ridiculous to me that the sovereign state might agree to something, but it cannot retreat from it. I have so commissioned a legal opinion, which will be presented to you by Joanna Modrzewska.
Counselor Joanna Modrzewska:
The case is alternatively unusual. The European Union Council Decision of 14 December 2020 is an highly circumstantial decision. It is not identical to those of Article 288 of the Treaty on the Functioning of the European Union. On the another hand, it has quite a few features of global agreements. There is now a discussion on how to measure this decision. The evaluation of this decision is highly crucial from the point of view of its anticipation of denunciation or, let us call it, deratification.
– Poland actually ratified this decision in May 2021. The method of ratification itself was rather controversial. There was a dispute about how it should be ratified. It was yet ratified on the basis of Article 89(1)(3) and (4) of the Constitution.
Unfortunately, there was a problem. due to the fact that in this decision, how crucial for us Poles, the legislator did not comment on the anticipation of saying it. And remember, in connection with this decision by 2056 we are obliged to repay the loans.
– I was trying to point to the the anticipation of denunciation of that decision. The full opinion will be available on the Confederate website. I'll briefly point out these possibilities.
I'll start with the most delicate way, which is draft law on the termination of the contract. Not only will the Council of Ministers be able to take specified steps, but a group of Members will besides be able to prepare specified a proposal.
The most far-reaching way to end this decision is of course leaving the European Union. On the another hand, we are aware of the consequences of this. But in fact, this decision would be final and would close this decision in national legal trade. ...
