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- The possibility of a member state withdrawing from the European Union remains inserted In 2007 with the Treaty of Lisbon. The condition for starting the process is to inform the European Council of a country’s intention to leave the European Union. There are no specific requirements for the form of this notification.
- Neither the EU treaties nor the Polish constitution stipulate that the decision to leave the EU must be preceded by a referendum. according to Represent With regard to international agreements, before withdrawing from the European Union, it is sufficient for the House of Representatives to pass a simple majority of the law expressing consent to terminate the EU treaties and the signature of the President. Therefore, we judge Bogdan Zdrogosky’s statement as correct.
- Consent may be granted for Poland’s accession to an international organization to which the competences of state authorities are transferred taken Either by Parliament by qualified majority (votes) or by referendum. Consent to Poland’s accession to the European Union, in line with the words of Bogdan Zdrojewski, was expressed in Referendum Joining in 2003.
context of speech
Bogdan Zdrogowski, former Minister of Culture and National Heritage in the Civic Tribune government, was a guest on the broadcast on September 9. “political intelligence” On Radio Talk FM. The conversation largely concerned Poland’s strained relations with the European Union, including a dispute over the precedence of EU law over national law. Prime Minister Mateusz Morawiecki submitted a request for a constitutional review of this principle in March in the Constitutional Court. The application began to be considered on July 13, but after the Ombudsman Order For the exclusion of Stanisław Piotrowicz from the composition of the Court, deliberations in this case have been postponed to September 22.
According to Bogdan Zdrogowski, the Law and Justice government wants Poland to leave the European Union, despite the announcement that there is no such intention. The politician also warned that the decision on the so-called polexicie could only be taken by the ruling party, since there was no requirement for a referendum on this issue.
Withdrawal from the European Union
Rules for withdrawal from the European Union for a member state are regulated by Article. 50 from the Treaty on the European Union. This clause is activated when a member state of the European Council notifies its intention to leave the European Union. There are no specific requirements for the form of this notification.
Here You can see the letter of notification in which the United Kingdom has informed of its intention to withdraw from the Union. In a document, Prime Minister Theresa May announced that the decision to leave the European Union was taken by the British as part of the Referendum. It was held on 23 June 2016. Less than 52 percent voted for Britain to leave the European Union. citizens.
In case Lyrics Great Britain with the European Union The Council first adopted a number of guidelines regulating the so-called Brexit process. They identified the general principles that the European Union was to apply during the negotiations, seeking to protect its common interest and those of the member states. These guidelines were then adopted by the European Commission which submitted to the Council a recommendation to start negotiations.
The next step was for the Council to agree to start negotiations and to adopt a series of negotiating directives. It was adopted by a qualified overwhelming majority (72% of the member states, ie 20 of the 27 member states, representing 65% of the 27 EU population). After the guidelines were adopted, an EU negotiator was appointed, empowered to start negotiations with the exit country.
Britain’s exit from the European Union negotiations solid More than 2 years – from June 19, 2017 to October 17, 2019, upon signing bypass about the speech. The UK Withdrawal Period has been extended until 31 January 2020 to allow more time for ratification of the Withdrawal Agreement. On the same day, the UK left the community.
What if there was a polixite?
After the procedure described in Art. 50 of the Treaty on the European Union, the withdrawal agreement must be ratified. The Polish constitution does not provide for withdrawal from an international organization, but this procedure is governed by art. 22 A Law on international agreements. Provisions regarding the process of leaving the European Union were added to it in 2010 in accordance with Law On the cooperation of the Council of Ministers with the Chamber of Deputies and the Senate in matters relating to the membership of the Republic of Poland in the European Union.
As we read in art. 22 A:
1. Provisions of Art. 14 and Art. 15 sec. 1 and 2.
2. The draft resolution on withdrawal from the European Union shall be submitted to the President of the Republic of Poland after obtaining the approval contained in the law.
3. The decision to withdraw from the European Union shall be published in the Journal of Laws.
4. The Prime Minister shall inform the European Council of the decision to withdraw from the European Union.
5. Approval of the extension of the period referred to in Art. 50 seconds. 3 of the Treaty on European Union, it must be expressed by the President of the Republic of Poland, at the request of the Council of Ministers.
6. Submit an application to the President of the Republic of Poland for an extension of the period referred to in Art. 50 seconds. 3 of the Treaty on the European Union, having obtained the consent contained in law.”
According to the aforementioned art. On the 14th and 15th, Poland’s withdrawal from the European Union requires, first of all, a proposal to be submitted to the Council of Ministers by the relevant minister to ratify the negotiating terms. After considering the application for ratification of the exit agreement from the European Union, the government adopts a decision to present the agreement to the president for ratification.
Based on the decision, the Head of the Ministry of Foreign Affairs submits the agreement to the Head of State for ratification, together with justifications and a draft document of ratification. The law expressing consent to ratification, as well as the act of withdrawal itself, are respectively published in the Journal of Laws. The European Commission must also be notified of the decision.
Of course, the House of Representatives must also agree to ratify an international agreement. According to the laws A simple majority is needed to pass a law granting consent to terminate EU treaties (More people voted in favor of the motion than against it.) a. Krzysztof Skotnicki of the University of Lodz, in the Legal Opinion of the Office of Analysis of the Chamber of Deputies, Notes, which – which:
“The adoption of such a law requires – as a general rule – a simple majority of votes in the presence of at least half of the legal number of deputies. The requirement of a different majority applies only if it is provided for in the Constitution, and in the case of a law expressing consent to the termination of an international agreement referred to In Article 90 Sec. 1, the Constitution does not provide for such a condition.”
However, not all experts believe that a simple majority is appropriate in the event of a decision on Poland’s withdrawal from the European Union. a. Krzysztof Wójtowicz from the University of Wroclaw Notes, which – which:
“The systemic consequences of leaving the European Union (…) are comparable to joining it. The simple majority of votes in the Chamber of Deputies of the Republic of Poland, which is required to pass a law expressing consent to terminate the treaties of the European Union, cannot replace a qualified majority of two-thirds of the votes in both houses of Parliament. and the elders or the referendum.”
According to art. 90 constitutionIf an international organization or an international body has been delegated, on the basis of an international agreement, the powers of state authorities, the law approving this ratification is adopted by a two-thirds majority of the votes in the presence of at least half of the votes. of the legal number of deputies in the CMA and senators (qualified majority).
An expression of consent to ratify such an agreement may also be passed in a national referendum. in a Referendum In June 2003, the Poles expressed Agree to ratify the accession treaty, which allows Poland to join the European Union (77% of citizens voted “yes”). However, solutions such as qualified majority voting and referendum do not apply to the state of which they are composed occurrence from an international organization. Therefore, we consider Bogdan Zdrogosky’s statement to be correct.
The article was created as part of the “Facts in Public Debate” project, funded by the Active Citizens – The National Trust programme, funded by EEA Grants.
