L'influenza delle commissioni parlamentari per le politiche europee sul processo legislativo dell'Unione europea : le soluzioni della Polonia

Abstract

What remains the basic way of compensating national parliaments for the loss of some of their legislative powers in favour of EU institutions is – as before the Treaty of Lisbon entered into force – their power to influence their own governments in EU affairs, especially on positions taken by the government in the course of the EU legislative procedures. The regulatory framework currently in force in Poland is enshrined in the Act of 8 October 2010 on the cooperation of the Council of Ministers with the Sejm and the Senate in matters relating to the Republic of Poland's membership of the European Union, hereinafter referred to as the Cooperation Act. In accordance with the provisions of the Cooperation Act the European Affairs Committee of the Sejm (SUE) and the European Union Affairs Committee of the Senat (KSUE) may express their opinion on EU draft legislative act or draft legal act under Article 352 (1) of the TfEU, positions taken in the course of EU law-making procedures and the Republic of Poland's position to be taken or presented in the Council or in the European Council. But only an opinion expressed by the SUE within the time limits set forth in the Act, on any of the draft acts and on the positions, should provide a basis for the Republic of Poland's position. If a position taken or presented by the government in the Council or in the European Council has not taken into account the SUE's opinion, a member of the Council of Ministers [Article 13 (2)] or a representative of the Council of Ministers [Article 11 (3) and 12 (3)] are required to explain the reasons for such discrepancy to the SUE.