Opinion as to the possibility and advisability of signing, modifying or rejecting, by the Marshal of the Polish Sejm of the Declaration on “Greater European Integration – the Way Forward” Cover Image

Opinia na temat możliwości i celowości podpisania, ewentualnie zmodyfikowania lub odrzucenia przez Marszałka Sejmu deklaracji „Większa integracja europejska: droga naprzód”
Opinion as to the possibility and advisability of signing, modifying or rejecting, by the Marshal of the Polish Sejm of the Declaration on “Greater European Integration – the Way Forward”

Author(s): Jan Majchrowski
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Kancelaria Sejmu
Keywords: European Union; subsidiarity; treaties

Summary/Abstract: In the author’s opinion, the declaration raises several questions. The document is of an adhesive nature, which excludes the possibility of negotiating and affecting its content, and – therefore – also making any amendments thereto. Attributing to themselves special “duties” in the process of European integration by some Member States is considered improper by the author. There are also doubts as to legitimacy of current and potential signatories to the Declaration. The proposed creation of a new entity in the form of a “federal union of States” would require a fundamental change in the Polish Constitution, a constitution which not only sees sovereignty as a value, but also establishes it as the foundations of statehood. The Declaration also contains a number of controversial statements, questionable in factual and praxeological terms. In the author’s opinion - the signing of a declaration by the Marshal of the Polish Sejm is, therefore, impossible and inadvisable.

  • Issue Year: 2016
  • Issue No: 2
  • Page Range: 101-105
  • Page Count: 5
  • Language: Polish