The interdisciplinary report is an effect of the work of a team of experts appointed by Division I for Humanities and Social Sciences, Polish Academy of Sciences (PAN). The team consisted of representatives of academic committees of the division. Its task was to formulate answers to 20 questions most frequently asked in public discourse regarding costs and benefits of the European integration, relations between Poland and the EU authorities, threats to the integration, the future of the EU and the place of Poland in the Community. The authors express concern about the potential results of the negative attitude of the current Polish government towards the actions of the institutions of the EU, the growing criticism towards the European integration and the threat of marginalisation of Poland within the EU or even the possibility of Poland’s leaving the EU (Polexit). They also indicate the possible economic, political and civilizational outcomes of the actions of the Polish authorities which weaken Poland’s ties to the EU. The report urges the academic community to increase their research activity and involvement in the public debate regarding these vital issues.
The strategic goals of EU energy development have been clarified, based on efforts to increase and comply with environmental protection requirements, reducing energy consumption in the manufacturing and service sector, reduce dependence on energy imports, and increase the involvement of renewable resources in energy. The structure of the unified energy system of Ukraine was monitored. The volumes of electricity released by various power-generating enterprises in Ukraine, as well as the existing capacity of main and inter-state electric power grids for transmission of electricity, were analyzed. The volume of electricity exports and imports of the unified energy system of Ukraine and its possibilities to increase exports to the EU countries have been diagnosed. It has been proven that due to the change in the operating model of the electricity market the liberalization of the electricity market of Ukraine promotes the attraction of investment resources aimed at branching the possibilities of importing electricity generated in Ukraine into the ENTSO-E system. The structural tendencies of changes in generated electricity in final consumption at the expense of renewable energy sources of the European countries and Ukraine were studied. Options for increasing the efficiency of renewable energy sources are proposed The use of renewable energy sources on the basis of leveling out certain disadvantages is proposed. The directions improve the management of electricity enterprises in the conditions of the European integration choice of Ukraine including towards attracting investment resources through the use of public-private partnerships to improve the efficiency of the energy system of Ukraine are substantiated.
This article concerns constitutional problems related to the implementation of EU directives seen from both the legal and comparative perspectives. The directives are a source of law which share a number of characteristic features that significantly affect and determine the specificity of Member States’ constitutional review of the directives as well as the legal acts that implement them. The review of the constitutionality of EU directives is carried out in accordance with the provisions of national implementing acts. Member States’ constitutional courts adopt two basic positions in this respect. The first position (adopted by, inter alia, the French Constitutional Council and German Federal Constitutional Court) is based on the assumption of a partial “constitutional immunity” of the act implementing the directive, which results in only a partial control of the constitutionality of the implementing acts, i.e. the acts of national law implementing such directives. The second position, (adopted, explicitly or implicitly by, inter alia, the Austrian Federal Constitutional Court, Czech Constitutional Court, Polish Constitutional Court, Romanian Constitutional Court and Slovak Constitutional Court) concerns the admissibility of a full review of the implementing acts. This leads to the admissibility of an indirect review of the content of the directive if the Court examines the provision as identical in terms of content with an act of EU law. Another issue is related to the application of the EU directives as indirect yardsticks of review. The French Constitutional Council case-law on review of the proper implementation of EU directives represents the canon in this regard. Nonetheless, interesting case studies of further uses of EU directives as indirect yardsticks of review can be found in the case law of other constitutional courts, such as the Belgian Constitutional Court or Spanish Constitutional Court. The research presented in this paper is based on the comparative method. The scope of the analysis covers case law of the constitutional courts of both old and new Member States. It also includes a presentation of recent jurisprudential developments, focusing on the constitutional case-law regarding the Data Retention Directive and the Directive on Combating Terrorism.