“The Union is making us look like a balloon”, said the activists of the All-Polish Youth during a nationwide action organised on the occasion of the 20th anniversary of the accession referendum to the European Union. On this occasion, the All-Polates prepared a pill of cognition on the negative aspects of Poland's EU membership.

Introduction - basic information on the European Union, its law and its bodies

The ideas of European integration in the form of a "association of States" came before planet War II. We can talk about the real beginning of the European Community since 1952, erstwhile the Treaty establishing between France, the national Republic of Germany came into force (the state was inactive divided into Western and Communist parts), Italy and the Benelux States European Coal and Steel Community (ECSC). It was the first time that he proposed specified a deal Robert Schuman, a French Christian-democratic minister who wanted to defend French industrial interests and the peaceful reconstruction of Germany. During this time, a common European army was attempted, which resulted in a failure as a consequence of France's disagreement. In 1957, economical cooperation was extended through the conclusion of the Treaty establishing European economical Community (EEC). In time, the ECSC, the EEC and the European Atomic Energy Community (Euroatom) were merged into a single organisation which, as a consequence of the 1992 Maastricht Treaty, adopted the name European Union.

The Maastricht Treaty was based on the alleged Union. three pillars - economical union, common abroad and safety policy and police and judicial cooperation in criminal matters. In 2004, an effort was made to establish a Constitution for Europe, which was not adopted as a consequence of referendum opposition in respective countries (France, the Netherlands). Another effort - this time effective - was to sign Treaty of Lisbon in 2007. At this time (from 1 May 2004) Poland was already a associate of the EU. The Lisbon Treaty highlighted very broad areas where EU law was to be exclusive for a associate State (the State cannot adopt its own) or Overriding (the State may adopt its own legislation, but only if there is no EU law in this matter). Among these areas we can mention the environment and transport. National environments stood in opposition to these changes. A referendum on the adoption of the treaty was held only in Ireland, which was unsuccessful (Ireland repeated the referendum a year later - this time with approval for changes). All another countries (including Poland) missed the referendum procedure by voting on ratification. Poland adopted the Lisbon Treaty on 1 April 2009 as a consequence of Parliament's approval (both Donald Tusk and Jarosław Kaczyński were among the Members voting for) and the ratification of president Lech Kaczyński, who encouraged affirmative adoption of the resolution.

How does the European Union influence Polish law?

• The functioning of the European Union is based on Treatiesin which Poland has agreed to delegate many of its competences;

• Whereas the Treaties establish that Union bodies may issue certain acts: regulations, directives, decisions, recommendations and opinions;
• most crucial are Regulations, Directives and Decisionswhich are binding acts;

• for example: GDPR Regulation is an EU Regulation;

• The resolutions of the European Parliament are not binding legislation, but are intended to specify the direction of EU policy and legitimise the action of implementing bodies.

Structure of the European Union

● The European Council - appointment of a political line (not to be confused with the Council of Europe or the Council of the European Union)

● Council of the European Union and the European Parliament - vote on EU legislation

● European Commission - EU Executive Authority (Government)

European Commission deals with all current issues concerning the functioning of the Union, i.e. agricultural, economic, social, defence and global policies, etc. In addition, the Commission is an institution liable for plan and vote on all legal acts Council of the European Union or the European Parliament. She's been charged respective times with corruption or financial failure: 1999 study on corruption and nepotism of the Jacques Santer Commission, paying erstwhile Commissioners for salaries for 3 years from leaving work.

Financial issues

In Polish society, there is invariably a belief that the European Union is simply a good uncle with money, without which nothing in our country would develop.

So it is crucial to kind out any facts. First, the money we receive from the EU is simply a tied transaction, resulting in Poland opened its marketplace to abroad capital in return for which it received compensation in the form of grants.

Professors Krysiak and Grosse, They prepared a study in which they made a financial balance of Poland's presence in the EU. Taking into account not only contributions and subsidies, but besides profits from Western companies abroad. According to their calculations Poland lost about PLN 535 billion to its presence in the Union.

However, fresh years have already been authoritative theft of Poland.

1. AMOUNT held from KPO. Money from COMMON debt that Poland He's already paying,
2. Over 2 billion gold stolen from Poles under the alleged ‘punishment’. They have been legally "drawed" from grants which Poland owes for beginning the marketplace to EU capital!
3. Last September Poland was the first EU net payer. This is the consequence of EU penalties and deductions.
4. Subsequent billions taken from Poles through climate packages specified as Fit for 55.
5. In January 2023, the Minister of Justice Zbigniew Ziobro (representative of the EU's pro-government of the United Right) declared that for KPO Poland would pay from 300 d0 500 billion euros.

Sovereignty

The European Union demands designation of the superiority of EU law over national law

In fresh years, we have seen an effort to push the EU legal order beyond national law. The designation of the superiority of national law is frequently treated as a manifestation of a “law infringement”.

October 7, 2021 The Constitutional Court ruled that the exclusive property of the TEU is the explanation of EU law standards, and the TK has the last word on constitutional standards, including the appointment of judges and their word of office. The Constitutional Tribunal ruled that EU law can act with precedence over laws only in the field of delegated powers.

The case law of many EU countries points to the superiority of the national constitutional order over the EU. Poland and Germany are not the only countries in which specified decisions were issued. Similarly, judgments referring to the primacy of national law over the EU were passed in France, the Czech Republic, Italy, Spain and Lithuania, among others.

In mid-2020, the European Commission initiated infringement proceedings against Germany for questioning the primacy of Union law over national law. It was a decision of the German Constitutional Court of May 2020, in which he considered that the European Central Bank (ECB) had exceeded its powers by buying up euro area bonds from 2015. According to German judges, this was partially incompatible with the German constitution. The German tribunal thus challenged the earlier ruling of the EU Court of Justice, which in December 2018 accepted the acquisition of bonds.

It should be noted that, in the case of Germany, the ruling of the Constitutional Tribunal there had a much narrower scope. However, this does not change the fact that the EU authorities respond to akin decisions in the case of liberal Western European countries.

The above line is confirmed by the judgement of the Court of Justice of the European Union of 5 June this year on Polish judicial reform. A complaint lodged by the European Commission has been full taken into account, stating that the government adopted infringes EU law. In the opinion of the judges, Poland has failed to fulfil its obligations and independency and impartiality are not guaranteed (in Poland). This gives an excuse to impose further penalties and carry out fresh actions “in defence of the regulation of law”.

EU elites call for the abolition of unanimity

Abolishing the rule of unanimity, guaranteeing the anticipation of veto to each associate State, under the pretext of ‘improvement of the functioning of the EU’ is in the interests of countries specified as Germany and Francewhich have the widest coalition capacity in the EU.

The abolition of the unanimity rule will remove the force that an EU country can apply to adverse solutions from its own perspective. He'll make you too implementing clearly contrary to national interest, without the anticipation of effectively fighting for their change and correction within the EU.

The Lisbon Treaty in the EU Council's votes established the alleged double majority rule (the double majority represents a minimum of 55% of the associate States, which represent at least 65% of the EU population) for matters of common EU policies. Already today, this prevents the usage of veto in cases relating to common EU policies.

The results of these votes clearly indicate that favourable solutions are being implemented for the countries of the alleged old Union.

In May, a group of 9 EU countries, including Germany, France and Italy, set up an initiative to introduce a qualified majority vote in the area of the EU's common abroad and safety policy. They besides want to talk about the introduction of specified a voting strategy in another areas.

We can imagine a situation in which a abroad or safety policy decision is taken, which is clearly unfavourable, for example, from the point of view of countries bordering Russia and Ukraine.

The rule of unanimity continues to apply in most cases in the European Council. The RE votes concern the broad lines of EU development. Many European politicians want to abolish it both with respect to RE and with respect to competences outside common policies in the EU Council.

In July 2022 German Chancellor Olaf Scholz in an interview with Frankfurter Allgemeine Zeitung said that action should be taken to preserve the unity of the European Union. He pointed out that it meant "End of the selfish blocking of European decisions by individual associate States". "We simply can't afford national veto anymore, for example in abroad policy, if we want to proceed to be heard in the planet of competing large powers", said Scholz. akin statements came from the head of the KE Ursula von der Leyen and French president Emmanuel Macron. In June 2021, Minister for abroad Affairs German Heiko Maas said "vet in the European Union must disappear".

It is worth mentioning in this context the opinion of Jarosław Kaczyński, who - as he declares himself to be a supporter of the EU. In December 2022 he expressed concern that European elites want to transform the EU into 1 country under German leadership.

The “money for regulation of law” mechanics - formally adopted on the occasion of the EU Reconstruction Fund

The alleged conditionality mechanics allows the European Commission block measures for a associate State in the event of a “law infringement”.

It should be stressed that The concept of “lawfulness” has been identified in the EU in fresh years. The allegations concerning this aspect of the functioning of the state are mainly directed towards countries governed by conservative - from the point of view of the EU's liberal elite - governments.

This creates an effective means of exerting force on EU elites, as the governments of the associate States are committed to raising EU funds to meet budgetary targets. They are so ready for very far-reaching concessions for EU bodies.

An example is the PiS government's reaction to blocking funds from KPO. The Law and Justice Government has made many concessions. This gives EU authorities a very effective means of emphasis.

State budgets and the European Union

The alleged Fiscal Pact adopted in 2012 increases the control of the Council of the European Union and the European Commission over the state of public finances of the associate States.

• Annual budget plans are monitored by the EU Council and the EC
• Member States shall submit to the EU Council and the EC plans to issue public debt
• Significant increases in the powers of the TEU, including penalties
• The fiscal pact was presented as a measurement to prevent the repeated economical crisis of 2008. So we see a akin mechanics as it is today. Today, federalization activities are presented as a consequence to the effects of the Covid-19 crisis and the war in Ukraine.

The thought of a Europe-wide electoral list

In August 2022 Euro MPs proposed the creation of a pan-European constituency in which 28 MEPs would be elected in addition to Members elected in national or regional districts.

European political parties or national organization coalitions could propose transnational lists of candidates, with their preferred candidate for president of the European Commission. The transnational lists should keep geographical balance by alternateling candidates from large, average and smaller countries. According to the project, leading candidates should be able to stand as candidates in all associate States on Europe-wide lists, enabling voters to vote for the individual they think should be the head of the European Commission.

The thought of organising this kind of election suggests a willingness to “democratise” the EU with the EC at the head (a frequent allegation of deficiency of legitimacy). This is another effort to transfer an crucial policy aspect from the associate States (national organization key in the Euro-election and political key for EC officials) to a European level.

In addition, the number of only 28 MEPs seems to be a symbolic change, but in the coming years this number would most likely be increased.

The question of the Reconstruction Fund

• Very strong item of planned expenditure - alleged milestones

• Additional taxes

• EU common debt

• Application of the aforementioned “money for the regulation of law” mechanism
• Examples of real pressures on associate States, including in the area of government (a dispute over “lawfulness” in Poland)

Fit for 55

The current dynamic changes in the planet affect a extremist transformation of global relations and the global economy. An crucial part of these changes is besides energy, which is now increasingly linked to geopolitics. The word “geopolitics of energy” appears increasingly in public space, 1 of the crucial points of consideration being the impact between the change of the global power strategy and energy policy.

Situation context

Energy transformation is now 1 of the most crucial topics to be addressed globally. It involves a number of issues, including geopolitics, economics, politics, society and the environment. The issue of transformation is so an interdisciplinary and strategical issue in the politics of planet powers, and sometimes of smaller states. The reasons for this request to be sought primarily in order to reduce dependence on energy natural materials, to change the current economical paradigm, to effort to curb the degradation of certain components of the natural environment (in this case, in particular, the climate). In general, Energy transformation has become a fresh and crucial field of rivalry between powers. Among another things, it is treated very seriously by both the US and China. Both these powers aim to accomplish alleged hydrocarbon neutrality. The introduction of the Fit for 55 package by the European Union governing bodies can so be seen as an effort to compete in the field of energy transition with China and the United States. Through the introduction of “Fit for 55”, the EU is trying to be a global leader in this transformation.

Most crucial Precepts Fit for 55

The most crucial issues related to fit for 55 include:

• Reform of the presently functioning carbon marketplace (EU ETS) for alleged energy-intensive sectors of the economy (e.g. industrial plants and installations related to the energy sector). The current improvement besides involves covering the marketplace for emissions: - maritime transport - introducing a strategy of compensation and simplification of CO2 for air transport at global level

• A fresh separate emissions trading strategy for buildings, road transport and fuels was besides established.
• Introduction of the alleged border taxation (CBAM - in Polish: a mechanics for adjusting prices at borders, including CO2 emissions). This taxation is intended to apply preventive - to prevent the situation of shifting production to areas of the planet where there are no restrictive rules on emissions (so-called carbon leakage). In case of non-EU imports, the importer will be required to pay a fee the difference between the cost of production of the product afraid in the EU and the cost of production of the product afraid outside the EU. Initially, this taxation is intended to cover high-carbon sectors of the economy which are at hazard of carbon leakage. These will include iron and steel, cement, fertilizers, aluminum, hydrogen production, electricity.

• The creation of a alleged social climate fund to support actions for economical operators and those most affected by the transformation. This support is to be determined on the basis of socio-climate plans to be developed by the associate States.
• Greenhouse gas emissions and removals in the land and forestry sector: The net greenhouse gas absorption in 2030 is expected to be at least 310 million tonnes of CO2 equivalent. For each associate State, binding national targets have been set.

• New CO2 emanation standards for road transport; They set progressive emanation simplification targets for passenger and commercial cars for 2030. In 2035, according to plans, the cars produced are to be carbon-free (achieving a 100% simplification target).

• simplification of methane emissions in the energy sector; strict standards for reporting methane emissions in this sector. To reduce methane emissions as the second most crucial greenhouse gas. This is the implementation of the UN Climate Conference commitment to reduce methane by 30% compared to the 2030 level (a 100-country simplification was then committed).

• Increase the share of RES in electricity production; Renewable energy sources by 2030 are expected to come to at least 40% of electricity produced.
• Energy characteristics of buildings; the presumption that fresh buildings will be carbon-free by 2030 and beyond. By 2050, however, it is assumed that all existing buildings are carbon-free. Currently, min. regulations on “energy certificate” for homes and apartments come into force. 1 Carbon dioxide equivalent - A universal unit utilized to measurement greenhouse gas emissions that reflects their different global warming potential. Determines the concentration of carbon dioxide whose emissions into the atmosphere would have the same effect as the concentration of comparable greenhouse gas

Potential implications of the introduction of Fit for 55

Economic impact:

• A extremist change in the automotive marketplace in Poland. present in our country, the overwhelming majority of vehicles are alleged combustion cars. Consistently reducing availability to combustion vehicles will consequence in a simplification in availability, and so an increase in prices. In addition, electrical cars entering the marketplace (especially at the beginning) will be costly in operation, and their presence on the streets will require extended construction of infrastructure specified as charging stations. This will translate into an exponential increase in electricity demand. The increase in operating costs may lead the authorities to reconstruct previously liquidated communications (especially in provinces, region Poland).
• Due to the structure of electricity production in Poland due to the introduced charges, electricity prices may increase. This situation will translate into households and businesses, especially tiny ones (the question of how much the alleged social climate fund will reduce these burdens).
• In the absence of strategical changes in energy in Poland, problems may arise in the supply of electricity for both the industrial sector and households. Poland is simply a highly delayed country in terms of modernisation of the energy sector. The condition of Polish power plants is far unsatisfactory due to long operating life (sometimes exceeding 40 years). specified a situation may occur, for example, in the event of a fast increase in the number of electrical cars without modernization of the Polish energy infrastructure.
• As a consequence of the mandatory modernisation of buildings and the introduction of energy certificates, it is possible to further increase property prices, which are already high. This, in turn, will surely not translate positively into a housing situation, especially in a group of young people.

• The powerfully bureaucratic nature of the “Fit for 55” will besides entail an increase in operating costs, e.g. in the private sector. This will consequence in the request to adapt the way companies operate to the recently introduced regulations. For example, the tiny business sector may have a problem with this.
• The work to modernise buildings in the light of their unemissionability will require an extension of the administration, which will have control over the implementation of the modernisation plan.
• A far-reaching revolution in social life and the economy can lead to a deepening of social inequality (notabene already present).

Short Summary

In the context of Poland, introduction of the Fit for 55 package is linked to fundamental changes in many sectors of the economy and will besides affect society. A number of provisions contained in the package have economic, social and political consequences. presently Poland is not well prepared for specified far-reaching changes. possibly negative consequences of the introduction of Fit for 55 are mostly due to insufficient modernisation of the Polish energy strategy and very strong dependence on fossil fuels. The deficiency of long-term reasoning of Polish elites in terms of energy transformation is besides visible here. An excellent example of this is, for example, the question of the improvement of atomic energy, which inactive has not been completed in Poland by putting atomic reactors into service. Blockages in the improvement of RES, specified as those of a legal and administrative nature (e.g. an adverse wind power investment bill), are besides problematic. If a rational energy modernisation plan (over political divisions) were implemented for 30 years III of the Polish Republic, the situation in the context of the introduction Fit for 55 wouldn't look that disturbing.

Idea imposing

For years we have seen the European Union's progressive ideology. The aforementioned “money for the regulation of law” mechanics makes it easier for EU elites to impose a left-wing ideological agenda on associate States.

It is worth noting that today EU Commissioner Helena Dalli calls for “ LGBT rights” to be imposed under financial penalties.

It is worth noting that in the context of Poland and “LGBT rights”, EU bodies referred to the Charter of Fundamental Rights, which Poland did not sign.

Article 2 of the Treaty on European Union defines the regulation of law. It includes the principles of legality, which means a transparent, responsible, democratic and pluralistic law-making process; legal certainty; prohibition of arbitrary enforcement; effective judicial protection, including access to justice before independent and impartial courts, including with respect to fundamental rights; division of power; and non-discrimination and equality with the law. The regulation of law shall be understood taking into account the another values and principles of the Union as enshrined in Article 2 TEU.

Article 2 TEU: The Union shall be based on the values of respect for human dignity, freedom, democracy, equality, the regulation of law as well as respect for human rights, including the rights of persons belonging to minorities. These values are common to associate States in a society based on pluralism, non-discrimination, tolerance, justice, solidarity and equality between men and women.

An example of “LGBT-free zones” and threats of halting EU funds for local governments show that the definition of “lawfulness” will nevertheless be treated more and more extensively, including in relation to issues that have not been described in the Treaties. The deficiency of “lawfulness” will be, for example, the deficiency of implementation of LGBT demands.

In the summertime of 2020, the European Commission did not grant money for six projects in "town twinning" programmes (city cooperation) in Polish municipalities with "LGBT-free zones".

Also in 2021, the EC wanted to collect funds for Polish local governments due to the alleged LGBT-free zones.

It is worth noting that Declaring as a conservative government of the Law and Justice, the government urged local governments to retreat from the resolutions criticized by Brussels.

The EC besides threatened Hungary due to the law prohibiting the promotion of homosexuality and “gender change” in schools.

Numerous resolutions and reports of the European Parliament are moving towards the left-wing ideological agenda. They are not binding laws, but they guide and can legitimise the future activities of the EC.

EXAMPLES

• Adopted by the European Parliament in June 2021 The alleged Maticia Resolution calls on EU associate States, inter alia, to guarantee "wide access to safe and legal abortion" and to guarantee that ‘on-demand abortion is legal at an early phase of pregnancy’,
• The European Parliament's Committee on Women's Rights and sex Equality adopted a study in May 2021 which calls on all EU countries "to guarantee that all women have access to safe and legal abortion". The amendment which criticised the Polish authorities for "back initiatives" on "right to abortion and sex equality" was passed. The deficiency of access to “sexual education” has besides been criticised.
• In September 2021, the EP adopted a resolution supporting the demands of LGBT communities. “Single-sex unions should be recognised throughout the Union and the European Commission should take action against Romania, Hungary and Poland in connection with the breach of EU values” - the paper states.

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