AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUC Iuridica) is a legal journal published since 1955, which presents longer essays as well as short articles on topics relevant for legal theory and international, European and Czech law. It also publishes works concerning current legislative problems.

Although intended primarily for domestic audience, AUC Iuridica is useful also for foreign experts, who can take advantage of summaries in foreign languages (English, German and French) and key words, which are systematically added to the main articles and essays.

The published articles are subject to peer reviews. If necessary, reviewed texts are sent back to the author for revision.

AUC Iuridica accepts contributions from any contributor on any current legal topic.

The journal is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries).

The journal is archived in Portico.

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We are pleased to inform you that the journal Acta Universitatis Carolinae Iuridica was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database SCOPUS. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite SCOPUS database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUC IURIDICA, Vol 59 No 4 (2013), 283–299

Integrační klauzule v ústavním systému Polské republiky

Piotr Uziębło

published online: 29. 01. 2015

abstract

The Integration Clause in the System of Government of the Republic of Poland The integration of The Republic Of Poland with the European Union caused that the integration clause was introduced to the Polish Constitution 1997. The clause had two purposes. The first one concentrated on the protection of state sovereignty, the second – created conditions for delegating a part of competences of the states authorities for the institution of the EU. Must be stressed that the integration clause took general nature, not to apply only to the EU. In accordance with its contents the Republic of Poland may, by virtue of international agreements, delegate to an international organization or international institution the competence of state authorities in relation to certain matters. It is important, however, is that the process of ratification of such an agreement is more complicated than the normal one. The President shall ratify that kind of international agreement only with the prior consent granted by statute or nationwide referendum. The statute, granting consent for ratification of that international agreement shall be passed by the Sejm by a two-thirds majority vote in the presence of at least half of the statutory number of Deputies, and by the Senate by a two-thirds majority vote in the presence of at least half of the statutory number of Senators. It should be added that this constitutional procedure has been explained by subconstitutional laws, and was the subject of the Constitutional Court jurisdiction. The integration clause has been used twice in practice. In that procedure were ratified the Treaty of Accession 2003 and the Treaty of Lisbon 2007. It is important the entry into force of the Treaty of Lisbon was the immediate impetus for the initiation of the change in shape of the constitutional provision. New regulations were adjusted the Constitution to the new shape of the EU legal system, but because of the lack of political consensus constitutional amendments ware not enacted. The problem of so called European amendments remains open to this day.

keywords: integration clause; ratification of international treaty; European Union; delegation of the competence; constitution and EU law integrační klazule; ratifikace mezinárodní smlouvy; Evropská unie; přenos pravomocí; ústava; evropské právo

Creative Commons License
Integrační klauzule v ústavním systému Polské republiky is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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