The aspect of climate change in the modern world is one of the broader issues of global social and economic policy. Climate change implies a modification of the business environment, especially the energy sector. Any change in the conditions in which the company operates is the cause, the effect of which becomes its financial situation during the relevant period. Therefore, climate policy will play an increasingly important role in shaping the energy of the future. At present, energy companies are taking measures to process primary energy from fossil fuels, in particular coal, in an efficient and environmentally friendly way. The article presents the impact of international climate agreements on the energy and coal industries. The latest agreement signed in Paris defines a global plan to minimize the dangerous effects of global warming on the climate arising from carbon emissions. The most important outcome of the agreement was the unification of many countries with a common goal. The European Union played a key role in signing the first legally binding agreement in the world, which is also a forerunner in the carbon trading system: EU ETS (European Union Emission Trading Scheme) The US-based CO2 emissions trading system has become a model for the European Commission. In addition, the article highlights the correlation between the EUA ( European Union Allowances) and “ARA coal” prices as well as the role of the coal market in price formation of emission allowances.
The article has presented the assumptions underlying the organization of emissions trading of greenhouse gases with a particular emphasis on CO2 emission allowances. Through the analysis of the literature, international activities were undertaken aimed at reducing greenhouse gas emissions into the atmosphere, starting from the First World Climate Conference organized in 1979. The origins and guidelines of the Kyoto Protocol were also given considerable attention. In addition to the description of the key assumptions of the Protocol and its main components, the characteristics of international trade in Kyoto units were also included. The mechanisms involved in international trade and the types of units traded in a detailed manner are described. In the next part of the article, emission trading systems operating in the world are characterized. In the second part of the paper special attention was paid to the conditionings of the European market, i.e. European Emissions Trading System – EU ETS. Historical events were presented that gave rise to the creation of the EU ETS. In the next steps, the types of units that are tradable were described. Furthermore, the trade commodity exchanges on which trade is conducted, the key factors determining the price of individual allowances are also indicated. In the last part of the article, relatively recent issues – the IED Directive and the BAT conclusions have been pointed out. Referring to the applicable regulations, the impact of their implementation on the situation of entities obliged to limit greenhouse gas emissions was analyzed. In the final phase, an attempt was made to assess the impact of IED and BAT to electricity prices.
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 article presents reviews of the European Union regulation on reporting formalities for ships entering the EU ports. It also analyses IMO regulation concerning that matter. Finally, the author exposes the differences between both legal systems and weaknesses of the solutions adopted. In the second part of the article the author discusses the Polish way of the reporting formalities system’s implementation. On the basis of a legal analysis as well as practice of the maritime authorities in Poland, the author finds that the Polish regulations seem to be exemplary.
The purpose of this paper is to explore the issue of the criteria of project success and the complexity of the subject in the context of environmental and nature conservation projects financed by European Union. The article presents various definitions of project success The article deals with definition and evaluation process of the project success as well as specific conditions of EU project management. Thematic evolution and trends in defining project success are presented through systematic review of literature on project management. The first part of the article focus on reviewing different approaches to the subject of criteria of project success, which is the crucial part of the proces. It is impossible to determine critical success factors (CSF) without deciding on the criteria of the project success. Project success definition is an important and complex project management issue. The success of the projects was considered for the last 50 years in a various ways and by different project management scholars. There is a consensus about the importance of this aspect for the project management practice. However, the project management in the context of EU-funded projects is still subject of further research, as this issue was not yet properly analyzed. The article presents the specific of the environmental and nature conservation EU-funded project judgement proces. The procedures and the scope of the formal and substantive assesment which is the part of selection procedure were described. The paper presents also how formal and substantive assesment criteria correspond with success criteria definitions created so far by the researchers. Moreover, the article analyses how existing asssesment criteria, precisely defined in EU programmes documentation and procedures, can be treated as EU project success criteria. The article presents also the most important challenges and issues in determining the set of success criteria based on assesment criteria set for regional operational programmes and Operational Programme Infrastructure and Environment for 2014–2020 programming period.
W artykule przedstawiono zarys funkcjonowania oraz ewolucję unijnego systemu handlu uprawnieniami do emisji gazów cieplarnianych (EU ETS – European Union Emissions Trading System). Od 2005 r. jest on podstawowym instrumentem polityki energetyczno-klimatycznej Unii Europejskiej. Zaprezentowano wniosek ustawodawczy Komisji Europejskiej z 15 lipca 2015 r. w sprawie zmiany dyrektywy o systemie handlu uprawnieniami do emisji oraz proces jego legislacji. Zgodnie z wnioskiem wytyczne Rady Europejskiej co do roli EU ETS w osiąganiu założeń dotyczących ograniczania emisji gazów cieplarnianych do 2030 r. miałyby stać się wiążące. Proponowane zmiany miałyby także sprzyjać innowacjom i wykorzystaniu technologii niskoemisyjnych, dzięki czemu powstałyby nowe możliwości w zakresie zatrudnienia i wzrostu gospodarczego. Jednocześnie utrzymane miałyby zostać niezbędne środki chroniące konkurencyjność przemysłu w Europie. Omówiono istotne poprawki wprowadzone do wniosku przez komisje Parlamentu Europejskiego: Komisję Przemysłu, Badań Naukowych i Energii (ITRE – Committee on Industry, Research and Energy) oraz Komisję Ochrony Środowiska Naturalnego, Zdrowia Publicznego i Bezpieczeństwa Żywności (ENVI – Committee on the Environment, Public Health and Food Safety) oraz polskie priorytety negocjacyjne. Polska stoi na stanowisku, że należy powrócić do ustaleń podjętych przez Radę Europejską 23 i 24 października 2014 r. Zapisy konkluzji dają wyraźne pole do działania państwom – beneficjentom i to bezwzględnie musi zostać zachowane. Nie można w jakikolwiek sposób podważać ich kompetencji w zakresie wyboru wykorzystywanej struktury paliwowej, stawiając niektóre technologie w gorszej pozycji poprzez manipulacje kryteriami wyboru. Poddano analizie potencjalny wpływ zmian w dyrektywie o EU ETS na sytuację gospodarczą i społeczną Polski po 2020 roku. Sytuację państwa polskiego ukazano na tle całej Wspólnoty. Podkreślono, że coraz częściej polityka klimatyczno-energetyczna Unii Europejskiej postrzegana jest w kategoriach szans, a nie zagrożeń.
This article investigates the engagement of EU law with the interests represented and pursued by the Member States within the framework of the European Union. In principle, because the interests which the Member States feed into the EU governance machinery are formulated in political processes at the national level, and thus possess paramount political legitimacy, EU law may only interact with those interests when a clear and sufficient mandate has been provided for doing so. Such mandates follow from Treaty provisions or EU legislation. They embody common political agreements among the Member States by which they commit themselves to realising the specific interests they share, as well as achieving related common policy objectives. In practice, however, the boundaries of EU law’s mandate are difficult to determine with precision, and this may weaken the legitimacy of EU law’s interventions. The weaker legitimacy of the law raises particular problems in the law of the Single Market, where the interests pursued by national governments are subjected to filtering, moderation, and even transformation by the Court of Justice.
The Reduction of Economic Dualism of Mazowieckie Voivodeship in 2007-2015 Using Regional Operation Programme for the Mazowieckie Voivodeship 2007-2013.The existence of social and economic dualism is widely discussed in numerous regions of Poland and Europe. This results from the natural structure of a region, which usually consists of one or two growth centres and peripheral areas. It leads to the emergence of inequalities, which cause a political pressure to redistribute income in order to ensure sustainable development. This discussion is particularly important in the Mazovian Voivodeship. Thus, the purpose of this study is to develop the existing findings concerning the social and economic dualism of the region. The main aim specified in the Voivodeship Development Strategy is to eliminate spatial inequalities. This paper is an attempt to broaden the knowledge on reducing the dualism in the voivodeship resulting from the implementation of the Regional Operational Programme for the Mazovian Voivodeship 2007-2013, which was one of the most crucial development tools. The analysis was conducted in terms of territory, sectors and the labour market.
The aim of this paper is to show importance of european cohesion policy on development trajectories of Polish regions after accession to EU in 2004. Following issues are tackled in paper: territorial elements of new paradigm of EU regional policy, evidence of EU assistance to less developed regions in Poland, cohesion patterns in Poland, impact of European cohesion policy on trajectories development of polish regions.
The events that took place on April 10,2010 on the Gulf of Mexico began an international debate on minimizing and materializing the risk of dangerous occurrences and accidents during the exploitation of offshore energy resources. In the aftermath of this event to ensure safe operation in European maritime areas, the European Union decided to introduce regulations throughout the entire EU. On June 12, 2013, Directive 2013/30/EU of the European Parliament and of the Council on safety of offshore oil and gas operations and amending Directive 2004/35/EC was issued. The main aim of the Directive is to reduce the occurrence of major accidents relating to offshore oil and gas operations and limits their consequences. The article is a review of provision of Directive 2013/30/UE with particular regard to requirements at the national level. What is more, the paper indicates solutions which must be introduced by July 19, 2018 in offshore companies. The incorporated solutions must include the protection of the marine environment against pollutions (especially oil spills), establish minimum conditions for safe offshore exploration and the production of oil and gas and improve the response mechanism in the eventof an accident. The paper also presents accidents which take place in oil and gas fields which are a background of necessary improvements of safety during offshore operations.
This article addresses the issue of the role of regions, big cities and urban areas in the socio-economic and spatial development trends in the EU as well Poland shaped through – and in connection with the process of globalization and functioning of the Common Market. The analysis of the situation and trends is prepared on the basis of the recent reports and data presented by the EC and OECD and – in case of Poland – Ministry of Investment and Economic Development as well Main Statistical Offi ce. Against this background with the reference to other research work published recently and his own experience the Author formulates a number of proposals for modification of territorially sensitive socio-economic policy in Poland (at national, regional as well urban level).
The paper presents the impact of the reformed EU ETS (Emission Trading Scheme – ETS in the European Union) on the currently operating market for trading in CO2 emission allowances. The new Directive introduced a number of changes aimed at tightening the climate policy, which the Polish energy sector based mainly on hard coal may mean an increase in the costs of electricity production, and thus an increase in the cost of the entire economy. The main goal of the changes is to achieve one of the objectives the European Union has set for itself, i.e. the reduction of CO2 emissions by 40% until the year 2030. These assumptions are the result of joint arrangements of the EU countries under the Paris Agreement on climate change adopted in 2015. The Directive introduces a new market stability reserve mechanism (MSR) which, according to its assumptions, is designed to ensure a demand and supply balance of the ETS. Bearing the balance in mind, it means the reduction of excess allowances, which, although their number is decreasing, it is decreasing to slowly according to EU legislators, still oscillating around 2 billion EUA. The paper also draws attention to the rigorous assumptions adopted in the new Directive, aimed at increasing the price of CO2, that is the costs in electricity production. Due to manually-controlled prices, are we doomed to high CO2 prices and therefore the prices of electricity? What are its estimated maximum levels? Will the new assumptions encourage the Member States to switch to lowcarbon technologies? Can they weaken the economies of countries that are currently based mainly on coal energy sources, and strengthen countries where green energy is developed?
Wasteful spending of public funds, leading to the creation of “ghost airports”, is often described as a regulatory failure and a major deficiency in European State aid control. It is pointed out that decisions to build or upgrade an airport are often ill-conceived, poorly implemented, and without economic justification. This raises the question whether European law, namely its State aid control system, contains inherent flaws or whether the European Commission’s decision-making process can be improved by increasing reliance on objective economic reasoning under the existing legal framework. This article provides an analysis of the decision-making problems leading to failed aid efforts; of the role of the economic approach in State aids; and of the standard of economic assessment required in State aid cases. The article concludes with de lege ferenda postulates.
This article examines the process of the judicial Europeanization of the Polish Constitution. In Poland the judicial method of Europeanizing the Constitution is currently the primary way of adjusting constitutional norms to requirements resulting from EU law. The phenomenon of re-interpretation of constitutional provisions in light of the new and changing realities is a characteristic feature of contemporary constitutionalism. It has been a long time since most national constitutions have undergone significant textual changes. In Poland, the scope of judicial Europeanization of the Constitution is connected, to a great extent, with the inflexible procedure required for constitutional amendments. In this situation, these so-called “silent changes” of constitutional norms are the easiest and fastest way of reacting to requirements stemming from Poland’s EU membership. In the Polish case not only have the norms regarding the political system of the state changed, but also constitutional standards relating to the protection of fundamental rights and freedoms have undergone the process of the Europeanization. To some extent, these changes relate to procedural norms as well.
This article investigates two interesting phenomena which exist within the framework of the European Union (EU) integration process, i.e. “social dumping” and “letterbox companies”. Taking into account recent EU legislative changes and commentaries in the available legal literature, it contends that the EU’s institutions and its Member States are aware of some negative effects that these phenomena may have for attaining one of the EU’s basic aims, that of a “highly competitive social market economy”, as provided in Article 3(3) (ex 2, as amended) of the Treaty on the European Union. The EU should be understood as being not only focused on the implementation of the Internal Market freedoms, but also the protection of social rights. “Social dumping”, and to a certain extent also “letterbox companies”, reduce the level of this protection. Posting of workers is a good example of an EU integration area where “social dumping” and “letterbox companies” occur on a quite large scale and create some real practical problems. If we can clearly understand the concepts underlying these phenomena and their possible relationships, it would be easier to find a solution to reduce their negative effect on the protection of social rights. This article researches these issues and presents possible solutions to problems they give rise to.
Most favoured nation (MFN) treatment and national treatment (NT) are two standards usually related to the general principle of non-discrimination. However, while the MFN treatment was undoubtedly and clearly defined already during the negotiation of the General Agreement on Tariffs and Trade in previous works and judgements of various international bodies, the NT standard needed to be clarified. An additional reason to concentrate on NT rules is that their content and scope may influence trade more than the scope of MFN granted. The concept of NT is also subject to relatively rare analysis in comparison with other aspects of regional trade agreements’ (RTA) rules which overlap with WTO law. The aim of this article is to analyse the scope and wording of the NT standard in various RTAs concluded by the European Union. In particular, it inquiries into the extent to which the NT clause remains universal across its different regional trade agreements, and examines the reasons (and consequences) for the differences, if any, in its formulation.
Strategic Choices of EU cohesion policy post 2020 in light of the European Commission programming documents. The aim of this study is to evaluate the conceptualization of European cohesion policy in the next programming period of the European Union and in the European financial perspective 2020+. Special attention has been paid to documents of European Commission, which is the leading institution in the dialogue of various stakeholders on this subject. It has been also described the unique significance of European cohesion policy for the socio-economic development of Poland (after the accession in 2004 and in the coming years). Against this background the most important assumptions of Poland's negotiating position has been determined as well as the necessary changes in the regional policy model in Poland.Strategic Choices of EU cohesion policy post 2020 in light of the European Commission programming documents. The aim of this study is to evaluate the conceptualization of European cohesion policy in the next programming period of the European Union and in the European financial perspective 2020+. Special attention has been paid to documents of European Commission, which is the leading institution in the dialogue of various stakeholders on this subject. It has been also described the unique significance of European cohesion policy for the socio-economic development of Poland (after the accession in 2004 and in the coming years). Against this background the most important assumptions of Poland's negotiating position has been determined as well as the necessary changes in the regional policy model in Poland.
We test whether the floating exchange rates of the EU New Member States against the euro are determined jointly within the panel VEC framework. We find that the exchange rates of the Czech koruna, the Polish zloty and the Hungarian forint follow the same long-run relationship, in which the real exchange rates are explained by the real interest rates parities and the spreads of the credit default risk premiums. In case of the Romanian leu, the common relationship is rejected, which is likely due to differences in the economic setting. The results confirm that the currency markets of these three countries are closely related, since the appreciation/depreciation of one currency leads to similar movements in the other currencies of the NMS. The estimated misalignments exhibit some common patterns in terms of time spans and percentage values of under/overvaluation.
This article analyses the relationship between the Court of Justice and other international jurisdictions. In particular, it addresses the following question: To what extent is the Court of Justice ready to accept that some aspects of EU law are subject to the jurisdiction of an international body? The answer to this question requires analysis of the precise scope of the principle of autonomy of EU law as this principle could potentially constitute grounds on the basis of which the Court of Justice excludes the transfer of judicial competences to external bodies. For this reason, the article refers to the most important decisions in the field: Opinions 1/91 and 1/92, Opinion 1/09, Opinion 2/13, judgment in C-146/13 Spain v. Parliament and Council and judgment in C-284/14 Achmea. It also discusses the consequences of the application of Article 344 TFEU.
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.
Taking into account that terrorism has grown in recent years, the EU institutions decided to update the legal framework which provides for fighting this phenomenon. Consequently, the Council Framework Decision 2002/475/JHA was replaced by the EU Directive 2017/541 of the European Parliament and of the Council on combating terrorism, which should be implemented by the Member States by 8 September 2018. This new act contains a long list of terrorist offences, offences related to a terrorist group, and offences related to terrorist activities. It also stipulates penal sanctions for terrorist offences and provides measures of protection, support and assistance for terrorism victims. This article is a commentary on these groups of provisions and compares them to the previously binding ones. Thus, it indicates the legal changes introduced by the Directive which have to be taken into account by the Member States while implementing it. The comparison of these new provisions with the previously binding ones is also helpful in answering the question posed in the title: Can the Directive 2017/541 be treated as a new chapter in combating terrorism by the European Union?
States and individuals are the essential building blocks of international law. Normally, their identity seems to be solidly established. However, modern international law is widely permeated by the notion of freedom from natural or societal constraints. This notion, embodied for individuals in the concept of human rights, has enabled human beings to overcome most of the traditional ties of dependency and being subjected to dominant social powers. Beyond that, even the natural specificity of a human as determined by birth and gender is being widely challenged. The law has made far-going concessions to this pressure. The right to leave one’s own country, including renouncing one’s original nationality, epitomizes the struggle for individual freedom. On the other hand, States generally do not act as oppressive powers but provide comprehensive protection to their nationals. Stateless persons live in a status of precarious insecurity. All efforts should be supported which are aimed at doing away with statelessness or non-recognition as a human person through the refusal to issue identity documents. Disputes about the collective identity of States also contain two different aspects. On the one hand, disin tegrative tendencies manifest themselves through demands for separate statehood by min ority groups. Such secession movements, as currently reflected above all in the Spanish provin ce of Catalonia, have no basis in in ternational law except for situations where a group suffers grave structural discrimin ation (remedial secession). As the common homeland of its citizens, every State also has the right to take care of its sociological identity. Many controversies focus on the distin ction between citizens and aliens. This distin ction is well rooted in domestic and in ternational law. Changes in that regard cannot be made lightly. At the universal level, international law has not given birth to a right to be granted asylum. At the regional level, the European Union has put in to force an extremely generous system that provides a right of asylum not only to persons persecuted in dividually, but also affords “subsidiary protection” to persons in danger of bein g harmed by military hostilities. It is open to doubt whether the EU in stitutions have the competence to assign quotas of refugees to in dividual Member States. The relevant judgment of the Court of Justice of the European Union of 6 September 2017 was hasty and avoided the core issue: the compatibility of such decisions with the guarantee of national identity established under Article 4(2) of the EU Treaty.