Wpływ integracji z Unią Europejską na funkcję ustawodawczą Sejmu RP
The influence of the integration with the european union on the legislative function of the seym of the republic of Poland

Summary/Abstract: The accession of the Republic of Poland to the European Union (1 May 2004) brought several consequences in social, economical, political and legal fields. One of the most important area is functioning of the national parliament. With the accession, national parliament has lost approximately 2/3 of its legislative com- petences (80% in economical field) to the organs of the European Union. The author has analyzed consequences of this situation for the legislative function of the Seym (lower house of the Polish Parliament). He stressed that legisla- tive function was really limited, but at that same time Seym has got new compe- tences in the area of controlling of the process of creation of law of EU. It may be called as a function of controlling of Community’s decision-making process in the field of creation of law. Such an activity is not typical exposure of legislative function (devoted to creation of law), but it is not also typical controlling function (devoted to controlling executive brunch but not in the field of creation of law). So the author proposes the conception of a new function of the Seym which combine both of those activities: the function of creation of law and opinion-making of the projects of law of the European Union. In such a formula is was noted that typical legislative function was really changed, but in that same time the parliament receive new competences in the area of creation of the law but not exactly of the legislative nature. The new opinion-making competences may be treated as kind of the compensation for loosing majority of the legislative competences by the Seym. It is very important for national parliament to be appropriately prepared to perform this opinion-making activity while the Committee of Ministers presents to it the positions on the projects of law received from the European Commission. The Seym should posses alternative sources of information and knowledge on European issues to effectively check the positions offered by the Committee of Ministers in a short time available to prepare an opinion. This activity of parlia- ment may contribute, if performed effectively, to limit “the democratic deficit” which may be observed in the activity of the European Union. One of the impor- tant ways to limit this deficit is the strengthening the role of national parliaments, as well as the European Parliament, in the decision-making and opinion-making processes within the UE.

• Details
• Contents