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Number of results: 26
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Abstract

Is it possible to revitalize Europe without external interference and a shift in the geopolitical situation outside the Continent? An answer to this question is here offered by Prof. Jan Zielonka, a political scientist analyzing change in Central and Eastern Europe and a lecturer at the European Studies Centre, St. Antony’s College, University of Oxford.

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Jan Zielonka
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Abstract

It is often said that biotechnology is “as old as the world”. However, only now modern biotechnologies based on genetic engineering provide innovative solutions underpinning the development and transformation of the modern economy, thereby creating real opportunities to guarantee the supply of food, medicines and energy for the world's ever-growing population (in November 2022, the world's population will exceed 8 billion). The development of innovative technologies is often conditional on public acceptance and, as a consequence depends on public opinion, coherent legislation and a profound transformation from an oilbased economy to a circular and sustainable bioeconomy. Poland, as part of the European Union, belongs to the group of countries where such modern concepts are developing.
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Authors and Affiliations

Tomasz Twardowski
1
Alfredo Aguilar
2

  1. Institute of Bioorganic Chemistry, Polish Academy of Sciences, Poznań, Poland
  2. Task Group Bioeconomy, European Federation of Biotechnology, Barcelona, Spain
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Abstract

The aim of the article is to discuss and assess the diversification of renewable energy sources consumption in European Union member states. The time scope covers 2005 and 2015. The data comes from Eurostat. The analysis was based on synthetic indicators – using a non-standard method. Synthetic indicators were assessed based on three simple features such as: the share of renewable energy in energy consumption in 2015, the difference between the share of renewable energy in energy consumption in 2015 and in 2005 (in percentage points), deficit/surplus in the 2020 target reached in 2015 (in percentage points). The European Union member states were divided into four diversified group in terms of renewable energy sources consumption (first class – a very high level, second class – quite a high level, third class – quite a low level, fourth class – a very low level). Then the divided groups were analyzed according to the share of renewable energy sources in the primary production of renewable energy and the consumption of individual renewable energy sources. During the research period renewable energy consumption increased in the European Union, but individual member states are characterized by a diverse situation. The type of energy used depends largely on national resources. The countries of Northern Europe are characterized by a greater share of renewable energy sources in consumption. Biomass is the most popular renewable source of energy in the European Union. Depending on the conditions of individual countries – it is agricultural and forest biomass.

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Luiza Ossowska
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Abstract

During the Brexit campaign, both those who opted for Britain leaving the EU and those who wanted to remain in the structures of the Union referred to William Shakespeare to support the rightness of their preference. The question of how Shakespeare would have voted was raised by numerous journalists, writers and politicians who either tried to present Shakespeare as a national bard promoting British isolationism or a staunch adherent of England being an integral part of the European continent. The paper scrutinizes some aspects of Shakespeare’s plays which indicate the writer’s attitude towards the relations between England and Europe.

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Paweł Kaptur
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Abstract

Global trade and intercontinental tourism are on the rise in today’s world. This, in turn, leads to more cross-border law suits. Inevitably, jurisdictions will be confronted with legal concepts that are unknown in the host forum. This contribution investigates whether, and to what extent, punitive damages judgments originating in the United States can be enforced against the assets of a defendant in a number of selected Member States of the EU. More specifically, the article explores the possibilities of enforcing American punitive damages judgments in five EU countries, namely Germany, Italy, Spain, France and England. This comparative analysis reveals that the case law in these selected countries is relatively divergent as to the stance adopted towards foreign punitive damages, resulting in different degrees of acceptance of this legal remedy.
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Cedric Vanleenhove
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Abstract

Considering the increasing role of cities throughout the world and in Europe, the European Union regulations on cohesion policy that are binding in the 2014–2020 programme period have foreseen the need to introduce a separate intervention dedicated to cities and their functional areas. However, the implementation of these solutions did not come without certain problems. They referred both to the process of institutionalising co-operation and to the realisation of projects. Also in Poland, Integrated Territorial Investments have not gone beyond co-operation for the absorption of EU funding so far, which demonstrates doubtlessly that their potential still remains unexploited. Thus, a discussion on both the positive and negative aspects of the implementation of ITIs is necessary. Poland, as the largest beneficiary of the Cohesion Policy, has a wide experience, which might provide valuable information on that matter. The aim of the paper is to present these experiences and to provide conclusions for the regional policy.

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Authors and Affiliations

Marcin Wajda
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Abstract

The article provides an overview of the supranational bank resolution regime established under the Single Resolution Mechanism framework. Both the substantive rules governing the resolution process and its procedural requirements are explained. The main focus of the article is the decision-making practice of the Single Resolution Board (SRB), an EU agency responsible for the execution of the resolution framework, which has already intervened in a number of cases in which banks were considered “failing or likely to fail” by the European Central Bank. The article analyses the existing decisions on resolution action in order to establish how the substantive rules on resolution are interpreted by the SRB in its decision-making practice.

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Maciej Podgórski
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Abstract

The article includes considerations and author’s proposals concerning the regional dimension of social policy. This aspect of social policy has not been investigated widely so far. The scope of regionalism and its forms are linked with the dominant social doctrine in a given country. They reflected in the ratio of territorial self-governments’ own incomes against those of the state budget, and in the institutional freedom they have in the area of benefit structuring, that is in decentralization. In the case of Poland, the political changes connected with the doctrinal ones hamper the development of regional social policy. This may have a negative impact on the coordination and implementation of social policy actions undertaken on different government levels and on the adjustment of social benefits to the needs of a region’s residents.

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Józef Orczyk
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Abstract

The article presents the EU legislative procedure and decision-making processes with a special emphasis on decisions regarding energy policy. It has been pointed out that most of the energy related legal acts, including the renewable energy directive and those aimed at the gradual reduction of emissions of harmful substances, are adopted according to the ordinary legislative procedure. However, special legislative procedures apply in the case of international agreements between the European Union and third countries. The trilogues, i.e. meetings of the European Commission, the European Parliament, and the Council, aimed at reaching a common position before the first reading in the EP, are of great importance in decision making. The article also discusses the problem of energy policy and its impact on the environment, recalling the relevant articles of the Treaty on the functioning of the European Union. The most important paths of influence of the Member States on new legal acts in the context of energy policy have also been shown. This is an extremely important issue from the investors’ point of view, since projects related to the energy industry have a very long payback period, so the stability and predictability of the Community’s energy policy is of paramount importance to them. The possibilities of shaping new laws related to energy at the stage of preparing a regulation are discussed later in the article. The work of parliamentary committees, especially those related to energy, i.e. the ITRE (The Committee on Industry, Research and Energy) Committee and ENVI (The Committee on the Environment, Public Health and Food Safety) has also been discussed. In addition, the article clearly shows different approaches of Western European countries and the Central and Eastern European countries (including Poland) towards energy issues.

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Authors and Affiliations

Kaja Jedlińska
Tadeusz Olkuski
ORCID: ORCID
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Abstract

The European Union is founded on a set of common principles of democracy, the rule of law, and fundamental rights, as enshrined in Article 2 of the Treaty on the European Union. Whereas future Member States are vetted for their compliance with these values before they accede to the Union, no similar method exists to supervise respect of these foundational principles after accession. This gap needs to be filled, since history proved that EU Member State governments’ adherence to foundational EU values cannot be taken for granted. Against this background this article assesses the need and possibilities for the establishment of an EU Scoreboard on EU values; viable strategies and procedures to regularly monitor all Member States’ compliance with the rule of law on an equal and objective basis; and the nature of effective and dissuasive sanction mechanisms foreseen for rule of law violators.
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Authors and Affiliations

Petra Bárd
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Abstract

This article attempts to discover the key elements of the democratic principle, as described by the judges sitting in Luxembourg and Strasbourg, whose case law reveals the underlying idea of democracy at the supranational level. Until recently the debate on democracy was limited to the national level. But things are changing, and this article shows the gradual emergence of a process led by supranational courts, in which the application of the democratic principle finds multiple grades and variations. In this way the supranational/international courts have opened a new chapter in the process of constitutionalization of international law.
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Authors and Affiliations

Stefania Ninatti
Maurizio Arcari
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Abstract

This article seeks to explore whether the EU system of fundamental rights protection allows room for constitutional pluralism. By looking at recent developments in the case law of the Court of Justice of the European Union (the Court of Justice), it is submitted that the Court has answered that question in the affirmative, thereby respecting the diversity of the cultures and traditions of the peoples of Europe as well as their national identities. The application of the Charter does not rule out a cumulative application of fundamental rights. That being said, pluralism is not absolute, but must be weighed against the indivisible and universal values on which the European Union is founded. Logically, the question that arises is how we order pluralism. In this regard, I shall argue that it is not for the Court of Justice to decide when an EU uniform standard of fundamental rights protection is to replace (or coexist with) national standards. That decision is for the EU political institutions to adopt, since they enjoy the necessary democratic legitimacy to determine the circumstances under which the exercise of a fundamental right is to be limited for reasons of public interest. However, this deference to the EU political branches does not mean that EU legislative decisions are immune from judicial review. On the contrary, cases such as Schwarz and Digital Rights demonstrate that the Court of Justice is firmly committed to examining whether those legislative choices comply with primary EU law, and notably with the Charter. In this regard, when interpreting the provisions of the Charter, the Court of Justice – in dialogue with national courts and, in particular, constitutional courts – operates as the guarantor of the rule of law within the EU, of which fundamental rights are part and parcel. It is thus for those courts to make sure that each and every EU citizen enjoys a sphere of individual liberty which must, as defined by the Charter, remain free from public interferences.
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Authors and Affiliations

Koen Lenaerts
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Abstract

In this paper experiences and manifestations of territorialisation of European cohesion policy, with special concentration on Poland, who is the biggest benefi ciary of that EU policy, were presented. Regional level is having strongest impact on success of territorialisation of public policies, but general conditions are shaped by central level, and also local level role is increasing, including cities and urban policy. Later an analysis of possibilities and conditions of EU cohesion policy territorialisation was elaborated, evaluating favourable and unfavourable factors. Conclusions are rather pessimistic, because there are many restrictions and preliminary preconditions of effi cient and eff ective decentralisation of EU structural intervention.

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Authors and Affiliations

Jacek Szlachta
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Abstract

An unsustainable energy mix and energy overconsumption contribute to negative processes such as environmental pressure or energy dependency. The aim of the article is to assess the European Union countries situation in terms of sustainable energy consumption. Eurostat was were used in the analyses. The research was based on synthetic indicators for 2017 data. A non-standard method was used. In accordance with the assumptions of sustainable energy consumption, six indicators were proposed: primary energy consumption (2005=100), final energy consumption (2005=100), share of renewable energy in energy consumption, deficit/surplus in the 2020 renewable energy sources consumption target, energy import dependency (%), greenhouse gas emissions intensity of energy consumption (2000=100). The share of renewable energy in energy consumption and deficit/ surplus in the 2020 renewable energy sources consumption target are stimulants, other features are destimulants. The European Union countries were classified into four groups due to the situation in terms of sustainable energy consumption (first class – favorable situation, second class – quite favorable situation, third class – rather unfavorable situation, fourth class – unfavorable situation). According to the results in twelve countries the situation was identified as favorable or quite favorable, while in the other sixteen countries as rather unfavorable and unfavorable. However, all countries have entered the path of necessary changes. It is important to continue monitoring and analyzing the progress of European Union countries in the field of energy and climate policy.

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Authors and Affiliations

Luiza Julita Ossowska
Dorota Agnieszka Janiszewska
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Abstract

The judgment of the Court of Justice in the Achmea case evoked significant repercussions regarding the application and operation of the bilateral investment treaties (BITs) concluded between EU Member States. As a result of this decision, EU Member States have decided to terminate almost 190 intra-EU BITs. Nevertheless, full implementation of the Achmea judgment remains a complex issue, entangled in political and legal controversies concerning intra-EU BITs which have been present for more than a decade. On a more general level, the implementation process is simultaneously entwined in two other significant debates: the specifics of the rights of investors, and the relationship between EU law and international law.

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Authors and Affiliations

Łukasz Kułaga
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Abstract

The case law of the CJEU dealing with the rule of law touches upon the question of execution of European Arrest Warrants (EAWs) issued by Polish courts. The year 2020 witnessed the second important judgment of the CJEU in this respect (the Dutch case). As in its 2018 predecessor (the Irish case), the CJEU excluded the possibility of overt denial of all EAWs issued by Polish courts. Instead it insists on a two-step examination, comprising not only a general evaluation but also the examination of the individual situation of a requested person. It remains to be seen whether this is a promise of armistice in the CJEU’s approach to Poland, although this is not believed by the author of the text.
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Authors and Affiliations

Przemysław Saganek
1
ORCID: ORCID

  1. Associate Professor (dr. hab.), Institute of Law Studies of the Polish Academy of Sciences, Warsaw
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Abstract

This article deals with the problem of the right to social security in the state of residence in the light of Regulation No 883/2004 on the coordination of social security systems. The judgment of the Court of Justice of 8 May 2019 in case C-631/17 SF v Inspecteur van de Belastingdienst served as an inspiration for the above-mentioned topic. In its judgement the Court has made a binding interpretation of Article 11(3)(e) of the said Regulation in the context of the situation of a national of a member state employed as a seaman on board a vessel flying the flag of a third state by an employer established in a member state other than the worker’s state of residence. The aim of the article is to justify the right to social security in the state of residence based on Article 11(3)(e) of the Regulation 883/2004. The analysis shows that it is necessary to introduce appropriate changes to the Polish legislation on the social security system. Simultaneously, as far as seafarers are concerned, it is desirable to consider the specificities of the work at sea, including the introduction of maritime social security as a specific type of social security, similar to French law for instance. The changes should be introduced gradually to avoid the risk of decline in the employment of Polish seafarers by EU shipowners.
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Authors and Affiliations

Sylwia Majkowska-Szulc
1

  1. Zakład Prawa Prywatnego Międzynarodowego, Katedra Prawa Cywilnego, Wydział Prawa i Administracji Uniwersytetu Gdańskiego
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Abstract

The assurance of future raw materials supply to the EU mineral industry has become, in recent years, one of the priority tasks of the EU Commission, geological surveys and several research centers. After many years of negligence, the problem of developing supply risk of many raw materials in Europe has been perceived, along with the menace to the EU economy competitiveness coming from dynamically developing countries such as China, India and others - basically of Asian origin. This has initiated a new mineral policy within the EU zone, referring mainly to non-fuels. One of the starting points for this activity has become the assessment of the EU mineral resources potential and identification of the raw materials that are critical for the harmonious and sustainable development and technological progress. The paper briefly presents the results of research work focused on the critical raw materials assessment, which were conducted by the Initiative for the Raw Materials Supply. Its core is the presentation of Polish mineral reserve base and its potential as a possible source of critical raw materials for the European Union. The criticality analysis was based on three categories, i.e.: economic consequences of the supply limitation, supply risk of reduction (fluctuation or disruption), and environmental risk referring to countries with weak environmental performance in order to protect the environment that jeopardize the supply of raw materials to the EU. For their quantitative assessment there were proposed three aggregated indices, while for the forecast purposes - 10-year period. The criticality ratio was determined for the 41 most important and most frequently used raw materials. On the grounds of the research made up to now, these raw materials were preliminary divided into three groups. As a critical to the EU economy, 14 raw materials of major economic importance were discriminated, i.e.: antimony, beryllium, cobalt, fluorite, gallium, germanium, graphite, indium, magnesium, niobium, PGM, rare earths, tantalum, and tungsten. They are characterized by high supply risk, which is mainly due to limited number of their sources - dominated by a few countries, in particular China. The risk of supply disruptions is boosted by low rate of utilization of secondary sources, and limited scale of substitution as well. The majority of the above-mentioned raw materials are crucial for the new technologies development. The remaining minerals arealso - though to a lesser extent - imperiled with a supply deficit. Despite they are also of economic importance, their indispensability for the advanced technologies development is relatively smaller. Taking into account the raw materials that are critical for the European Union economy, Poland cannot be considered as its resource base. The source of these raw materials are not only scarce in Poland, but also they are not produced, and their demand is now - and according to forecasts is going to be in the future - met by imports. However, the role of our country as a manufacturer of finished products from components of foreign origin is anticipated to increase. The raw materials in question are not considered exactly critical for Polish economy, as any industrial branch based upon their utilization has emerged so far. Therefore, they are of limited economic importance. Presumable utilization of very limited sources of above-mentioned critical raw materials in Poland could be anticipated in a perspective of at least 20 years. The most probable in this respect are the following: opening out the new Mo-W-Cu ore deposit Myszków, and the promotion of exploration works for similar deposits.

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Authors and Affiliations

Barbara Radwanek-Bąk
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Abstract

Most EU member states have taken measures to implement the principles of sustainable development. Mineral extraction in Europe has become more difficult, since most member states have taken measures to implement the principles of sustainable development. The industrial minerals sector provides important mineral commodities for the industries. The general situation of minerals supplying in Europe is provided by a strong position of aggregate sector. The paper evaluates the development of mineral extraction in the Visegrad group of EU countries with the aim to find the position of the mining industry in the V4 countries and its contribution to the European mining industry, regarding the sustainability of mining. A task of sustainability assessment is the evaluation of the V4 mining sector’s contribution to the European economy and finally to assess the risks and obstacles for mining industry development. Due to the mentioned present state of minerals supplying in Europe, this is evaluated with economic and environmental significance of materials, connected with development of mineral production and critical mineral Raw Materials in EU, compared with worldwide situation, followed by the prediction of mineral production. The third part is orientated towards the evaluation of raw materials used in the individual V4 countries. The situation of mineral production is evaluated especially in the V4 region. Thre results show that despite the fact that there is an obvious certain boom and annual growth of mining volumes in the V4 countries, the growth does not mean the mining industry follows sustainable development. There is a vast space for the industry to improve. The further evaluation of state minerals demands the consideration of risks and obstacles in mining business and the environment impact.

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Authors and Affiliations

Katarína Čulková
Adriana Csikosova
Mária Janošková
Viliam Bauer
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Abstract

The aim of this study is to identify the constraints that affect the effective usage of the site waste management plan (SWMP). A substantial review of the literature was carried out to identify the constraining factors that affect the site waste management plan tool. Questionnaires were administered based on a five-point Likert scale and the data were assessed and analyzed using IBM SPSS version 28. The outcome showed that the knowledge of the SWMP is still very low in the Polish construction sector. Only 6% have a written SWMP while 16% have used this tool in their previous project. Hence, the need for the increased awareness of the SWMP as one of the waste management strategies. The lack of adequate monitoring and control of the SWMP, lack of awareness, time required for the preparation of the tool were identified as the top constraints. The solutions identified include; increased level of awareness and education, the inclusion of the SWMPas part of the contract documentation requirement, adequate training of the site personnel, and presence of waste manager.
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Authors and Affiliations

Oluwasegun Emmanuel
1
ORCID: ORCID
Vsevolod Nikolaiev
1
ORCID: ORCID
Marcin Gajzler
2
ORCID: ORCID

  1. Wroclaw University of Science and Technology, Faculty of Civil Engineering and Transport, Wybrzeze Wyspianskiego 27, 50-370 Wrocław, Poland
  2. Poznan University of Technology, Faculty of Civil Engineering and Transport, ul. Piotrowo 5, 60-965 Poznan, Poland
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Abstract

Correct diagnosis and appropriate selection of pharmacotherapy will not upgrade patient’s health if the drug is not available in the pharmacy. Pharmaceutical supply chain breakdown may occur due to epidemiological or political reasons. Then, the finished drug form factories located in Poland will not secure the drug supply. Thus, cooperation of the scientific community with the pharmaceutical and chemical industries is necessary to boost the domestic manufacturing of active pharmaceutical substances and substrates. Due to number of substances needed, the scale of national demand and the investments, the problem needs to be solved at European level. The Pharmaceutical Strategy for Europe is an important guidance in this regard. The aim of our paper is to review the current state, indicate solutions and initiate a discussion on the development of the synthesis of active pharmaceutical substances in Poland. We focused on small-molecular compounds, the national perspective and the relationship between the synthesis of active substances and protection of the natural environment. Point actions for investments in infrastructure as well as research and development are not enough. Thus, we propose to create a system supporting synthesis of active pharmaceutical substances in Poland.
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Authors and Affiliations

Grzegorz Grynkiewicz
1
Renata Jachowicz
1
Krzysztof Kopeć
1
Anna Krause
1
Wojciech Kuźmierkiewicz
1
Janina Lulek
1
Beata Maciejewska
1
Rafał Moszczyński-Petkowski
1
Janusz Rachoń
1
Piotr J. Rudzki

  1. Komisja ds. Współpracy z Otoczeniem Gospodarczym przy Komitecie Terapii i Nauk o Leku Polskiej Akademii Nauk
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Abstract

This paper studies path-breaking economic developments in Poland following the start of the systemic transformation in 1989. Three groups of countries are used for comparative analysis: those economically most advanced, those less developed but striving to catch up during the last 30–40 years, and as a subgroup of the latter, the transition economies. The paper has three objectives. The first is to show that many opinions regarding major aspects of the Polish transformation are at variance with the plain statistical facts. The second is to evaluate the pace and the extent of the progress so far in the effort to narrow the income and wealth gaps between Poland and most developed countries, particularly pre-2004 members of the European Union. The third consists of a discussion of factors which are likely to impede the pace of Poland’s economic development in the years to come.

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Authors and Affiliations

Stanisław Gomułka
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Abstract

The article presents the question of solidarity in relation to the energy policy of the European Union. This topic seems particularly important in the context of the crisis of the European integration process, which includes, in particular, economic problems, the migration crisis and the withdrawal of the United Kingdom from the European Union (Brexit). The issue of solidarity was analyzed from the legal and formal, institutional, and functional and relational points of view. The aim of the article is to show to what extent the theoretical assumptions, resulting from the provisions of European law on the solidarity, correspond with the actions of the Member States in the energy sector. The practice of the integration process indicates that the particular national economic interests in the energy sector are more important for the Member States than working towards European solidarity. Meanwhile, without a sense of responsibility for the pan-European interest, it is not possible to effectively implement the EU’s energy policy. The European Commission – as the guardian of the treaties – confronts the Member States with ambitious challenges to be undertaken “in the spirit of solidarity”. In the verbal sphere, this is supported by by capitals of the individual countries, but in practice, the actions taken divide the Member States into opposing camps instead of building a sense of the European energy community. This applies in particular to such issues as: the management of the energy union, investments in the gas sector (e.g. Nord Stream I and Nord Stream II), and the position towards third countries – suppliers of energy raw materials to the EU (in particular towards the Russian Federation). Different views on the above problems make it extremely difficult for Member States to take action “in the spirit of energy solidarity”. Thus, the energy problem becomes another reason for the weakening of European unity.
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Authors and Affiliations

Krzysztof Tomaszewski

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