Recall, Adenauer (one of the founding fathers of the EU) considered European integration to be the only way leading to the recovery of east territories by Germany1. 1 thing is certain, the European Commission's taking over the powers through the Court of Justice of the European Union (TEU) is simply a fact that Poles do not realize the disastrous consequences for our nation.
Although EU law states that a citizen of any EU country residing in Poland can vote, as well as run, in elections to the European Parliament and in local elections, it does not give specified powers in presidential and parliamentary elections. Turns out there's quite a few preparatory work going on to change that.
Mr Nikodem Bernaciak, associated with the Ordo Iuris Legal Culture Institute, informs about the case. The way to change is re-established by the Court of Justice of the European Union. This is another example of legal acquisition of competences reserved exclusively to associate States. Specialists associated with the European Union call this a way of slow changing the European Treaties as a "competence creep", which can be translated as “creasing competence” or “taking over competence”. The dishonesty of this method lies in the fact that there is no supervision of the authorities cooperating on this subject, which are the TEU and the European Commission, and this means unlimited power in achieving its objectives. In this way, utilizing the alleged regulation of law and the mechanics to block funds due to its breach, the European Union can be completely changed in a fewer years without asking anyone. This is 1 of the reasons why the Foundation for Social Campaigns named after St. Stanislaw Papczyński decided to organize the run #ActionEvacuationZeu, abandoning consciously the illusion of the anticipation of restructuring the project, which is the European Union.
The Advocate informs on his X.com profile the Opinion of Advocate General Jean Richard de la Tour. According to that opinion, Poland infringes Article 22 of the Treaty on the Functioning of the European Union by prohibiting membership of political parties by citizens of another EU associate States.
Article 10 of the Polish Electoral Code respects Article 22 of the TEU, granting both active and passive electoral rights to citizens of another EU countries – but only in municipal elections (gmina/city council + mayor/president of the city) and in EP elections
“Nicodem Bernaciak writes.
However, on 21 December 2021, the European Commission lodged a complaint with the TEU, stating that ‘Poland has failed to fulfil its obligations’, not allowing foreigners to join political parties, which allegedly ‘caused their chances of being elected in local elections or elections to the European Parliament are little than Polish citizens’
– continues counsel.
It turns out that the European Commission's argument and the opinion of the EUSF are far from real. Poland's website not only proved that it was fulfilling EU law, it showed that the European Commission did not justify its claims and besides referred to the 2018 CBOS data stating: studies show that, on the contrary, in their election voters are guided by how they perceive candidates, depending on their participation in social and political life, or, in another words, their recognition.
Lawyer Ordo Iuris besides mentions another legitimate arguments of the Polish side:
- Poland besides pointed out that "due to the party's function in public policy and its intended intent of exercising public power, the accession of the Union's citizens to the political organization may have consequences in peculiar with respect to the results of parliamentary or presidential elections".
- Above all, Poland bases its position on the fact that the rule of the price of Polish citizenship as regards membership of Polish political parties is simply a systemic principle, as enshrined in Article 11(1) of the Constitution of the Republic of Poland „Rzeczpospolita Polska provides freedom to make and operate political parties. Political parties bring together on a voluntary basis and on the basis of equality of Polish citizens in order to influence democratic methods on the formulation of state policy".
However, as it turned out, despite the comprehensive argument of the Polish side on 11 January 2024, the TEU seeks one more time to change the law in Poland without any grounds. The proceedings before the TEU, which has no control of itself, continue, and Poles gotta admit again that they have been drawn into a game where the cards are marked.
Mr Nicodemus Bernaciak's entry concludes with a summary:
Of course, the final judgement of the EUSEU will not be issued for a fewer months. The Judges are not bound by the Opinion of the Advocate General, but they apply to the majority of cases. If the judgement contains the same conclusions as the opinion, Poland will face a very serious problem – the TEU will force it to amend Article 11(1) of the Constitution of the Republic of Poland or to interpret this provision clearly contrary to its literal wording and its position in a circumstantial chapter of the Basic Act.
It is worth considering who will benefit from a possible judgement against Poland. I would like to remind you that German organizations support the alleged Silesian movements represented, among others, by Euro MP Łukasz Kohut. In November, he voted in favour of the amendments to the Treaties of the European Union, which are truly seeking to establish a European state being, which will have the right to decide about Poland without Poles. This case and the behaviour of respective Euro MPs are reported by volunteers of the St. Stanislaw Papczyński Social run Foundation during meetings on the streets of Polish cities. It is besides worth recalling the publication of our editor, who mentioned how Germany looks at integration: In 1951, Minister of Commerce in the government of Adenauer Dr Seebolm asked "Does Free Europe want to join Germany?". He spoke of Germany as the "heart of Europe" and of the fact that it is the members of the body that should adapt to the heart, not the another way around. In the same year, Adenauer was to recognise the creation of a strong Europe economically and politically as "the only way leading to the recovery of east territories by Germany"2. Or possibly it is simply about the European Union not having to pay Poland any money by covering itself with concern for “the regulation of law”. I do not know this, but it is certain that Poland is not safe in the European Union, due to the fact that the EU's interests conflict with the Polish state ration.
Source:
1 J. Chodorowski, Who's driving who? Sketches on European unification and globalisation, Poznań 2003, p. 15.
2 Michael, Adenauer has always thought about the integration of Europe through the interests of Germany
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