The aspect of climate change in the modern world is one of the broader issues of global social and economic policy. Climate change implies a modification of the business environment, especially the energy sector. Any change in the conditions in which the company operates is the cause, the effect of which becomes its financial situation during the relevant period. Therefore, climate policy will play an increasingly important role in shaping the energy of the future. At present, energy companies are taking measures to process primary energy from fossil fuels, in particular coal, in an efficient and environmentally friendly way. The article presents the impact of international climate agreements on the energy and coal industries. The latest agreement signed in Paris defines a global plan to minimize the dangerous effects of global warming on the climate arising from carbon emissions. The most important outcome of the agreement was the unification of many countries with a common goal. The European Union played a key role in signing the first legally binding agreement in the world, which is also a forerunner in the carbon trading system: EU ETS (European Union Emission Trading Scheme) The US-based CO2 emissions trading system has become a model for the European Commission. In addition, the article highlights the correlation between the EUA ( European Union Allowances) and “ARA coal” prices as well as the role of the coal market in price formation of emission allowances.
The article has presented the assumptions underlying the organization of emissions trading of greenhouse gases with a particular emphasis on CO2 emission allowances. Through the analysis of the literature, international activities were undertaken aimed at reducing greenhouse gas emissions into the atmosphere, starting from the First World Climate Conference organized in 1979. The origins and guidelines of the Kyoto Protocol were also given considerable attention. In addition to the description of the key assumptions of the Protocol and its main components, the characteristics of international trade in Kyoto units were also included. The mechanisms involved in international trade and the types of units traded in a detailed manner are described. In the next part of the article, emission trading systems operating in the world are characterized. In the second part of the paper special attention was paid to the conditionings of the European market, i.e. European Emissions Trading System – EU ETS. Historical events were presented that gave rise to the creation of the EU ETS. In the next steps, the types of units that are tradable were described. Furthermore, the trade commodity exchanges on which trade is conducted, the key factors determining the price of individual allowances are also indicated. In the last part of the article, relatively recent issues – the IED Directive and the BAT conclusions have been pointed out. Referring to the applicable regulations, the impact of their implementation on the situation of entities obliged to limit greenhouse gas emissions was analyzed. In the final phase, an attempt was made to assess the impact of IED and BAT to electricity prices.
This commentary on the Court of Justice’s ruling in the Pawlak case concentrates on questions of the judicial application of EU law, in particular EU Directives. On the basis of the recent jurisprudence of the Court the authors present three issues: 1) the incidental effects of EU law for the procedural provisions of Member States; 2) the inability to rely on an EU directive by a member state’s authority in order to exclude the application of national provisions which are contrary to a directive; 3) the limits of the duty to interpret national law in conformity with EU law from the perspective of the Court of Justice and the referring court. Further, the article presents the judicial practice of the Polish Supreme Court, and in particular the follow-up decision of this Court not only taking into the account the ruling of the ECJ but also showing how the limitation of a conforming interpretation can be overcome in order to give full effect to EU law. In the authors’ view, this case is worth noting as an example of judicial dialogue in the EU.
This article investigates the engagement of EU law with the interests represented and pursued by the Member States within the framework of the European Union. In principle, because the interests which the Member States feed into the EU governance machinery are formulated in political processes at the national level, and thus possess paramount political legitimacy, EU law may only interact with those interests when a clear and sufficient mandate has been provided for doing so. Such mandates follow from Treaty provisions or EU legislation. They embody common political agreements among the Member States by which they commit themselves to realising the specific interests they share, as well as achieving related common policy objectives. In practice, however, the boundaries of EU law’s mandate are difficult to determine with precision, and this may weaken the legitimacy of EU law’s interventions. The weaker legitimacy of the law raises particular problems in the law of the Single Market, where the interests pursued by national governments are subjected to filtering, moderation, and even transformation by the Court of Justice.
This article concerns constitutional problems related to the implementation of EU directives seen from both the legal and comparative perspectives. The directives are a source of law which share a number of characteristic features that significantly affect and determine the specificity of Member States’ constitutional review of the directives as well as the legal acts that implement them. The review of the constitutionality of EU directives is carried out in accordance with the provisions of national implementing acts. Member States’ constitutional courts adopt two basic positions in this respect. The first position (adopted by, inter alia, the French Constitutional Council and German Federal Constitutional Court) is based on the assumption of a partial “constitutional immunity” of the act implementing the directive, which results in only a partial control of the constitutionality of the implementing acts, i.e. the acts of national law implementing such directives. The second position, (adopted, explicitly or implicitly by, inter alia, the Austrian Federal Constitutional Court, Czech Constitutional Court, Polish Constitutional Court, Romanian Constitutional Court and Slovak Constitutional Court) concerns the admissibility of a full review of the implementing acts. This leads to the admissibility of an indirect review of the content of the directive if the Court examines the provision as identical in terms of content with an act of EU law. Another issue is related to the application of the EU directives as indirect yardsticks of review. The French Constitutional Council case-law on review of the proper implementation of EU directives represents the canon in this regard. Nonetheless, interesting case studies of further uses of EU directives as indirect yardsticks of review can be found in the case law of other constitutional courts, such as the Belgian Constitutional Court or Spanish Constitutional Court. The research presented in this paper is based on the comparative method. The scope of the analysis covers case law of the constitutional courts of both old and new Member States. It also includes a presentation of recent jurisprudential developments, focusing on the constitutional case-law regarding the Data Retention Directive and the Directive on Combating Terrorism.
This Guest Editorial introduces a special issue entitled Brexit and Beyond: Transforming Mobility and Immobility. The unfolding story of Brexit provided the backdrop to a series of events, organised in 2018 and 2019, which were the result of a collaboration between migration researchers in Warsaw and the UK, funded by the Noble Foundation’s Programme on Modern Poland. The largest event – held in association with IMISCOE – was an international conference, arising from which we invited authors to contribute papers to this special issue on the implications of Brexit for the mobility and immobility of EU citizens, particularly – but not exclusively – from Central and Eastern Europe, living in the UK. As we outline in this Editorial, collectively, the papers comprising the special issue address three key themes: everyday implications and ‘living with Brexit’; renegotiating the ‘intentional unpredictability’ status and settling down; and planning the future and the return to countries of origin. In addition, we include an interview with Professor Nira Yuval-Davis, based on the substance of her closing plenary at the conference – racialisation and bordering. Her insightful analysis remains salient to the current situation – in June 2020, as the UK enters the final months of the Brexit transition period – in the unexpected midst of a global pandemic and an imminent recession.
The aim of this paper is to show importance of european cohesion policy on development trajectories of Polish regions after accession to EU in 2004. Following issues are tackled in paper: territorial elements of new paradigm of EU regional policy, evidence of EU assistance to less developed regions in Poland, cohesion patterns in Poland, impact of European cohesion policy on trajectories development of polish regions.
This article contributes to the growing literature on Art. 7 TEU by showcasing the strong and weak points of this provision in the context of the on-going rule of law backsliding in Hungary and Poland – backsliding which threatens the very fabric of EU constitutionalism. The article presents the general context of the EU’s institutional reactions to the so-called “reforms” in Poland and Hungary, which are aimed at hijacking the state machinery by the political parties in charge. Next it introduces the background of Art. 7 TEU and the hopes the provision was endowed with by its drafters before moving on to analysis of its scope and all the mechanisms made available through this instrument, including the key procedural rules governing their use. The author posits that it may be necessary to put our hopes in alternative instruments and policies to combat the current rule of law backsliding, and the article concludes by outlining three possible scenarios to reverse the backsliding, none of which are (necessarily) connected with Art. 7 as such.
This article focuses on the emotionality of belonging among European Union (EU) citizens in the context of the United Kingdom’s (UK) 2016 referendum and its result in favour of the UK leaving the EU, commonly referred to as Brexit. Drawing from testimonies of EU27 citizens in the UK (mainly mid- to long-term residents) published in a book and on blog and Twitter accounts by the not-for-profit and non-political initiative, the ‘In Limbo Project’, it explores a range of emotions which characterise the affective impact of Brexit and how they underpin two key processes disrupting the sense of belonging of EU citizens: the acquisition of ‘migrantness’ and the non-recognition of the contributions and efforts made to belong. The resulting narratives are characterised by senses of ‘unbelonging’, where processes of social bonding and membership are disrupted and ‘undone’. These processes are characterised by a lack of intersubjective recognition in the private, legal and communal spheres, with ambivalent impacts on EU citizens’ longer-term plans to stay or to leave and wider implications for community relations in a post-Brexit society.
The interdisciplinary report is an effect of the work of a team of experts appointed by Division I for Humanities and Social Sciences, Polish Academy of Sciences (PAN). The team consisted of representatives of academic committees of the division. Its task was to formulate answers to 20 questions most frequently asked in public discourse regarding costs and benefits of the European integration, relations between Poland and the EU authorities, threats to the integration, the future of the EU and the place of Poland in the Community. The authors express concern about the potential results of the negative attitude of the current Polish government towards the actions of the institutions of the EU, the growing criticism towards the European integration and the threat of marginalisation of Poland within the EU or even the possibility of Poland’s leaving the EU (Polexit). They also indicate the possible economic, political and civilizational outcomes of the actions of the Polish authorities which weaken Poland’s ties to the EU. The report urges the academic community to increase their research activity and involvement in the public debate regarding these vital issues.
The European Union aspires to pursue an ambitious climate policy. The energy sector is a key tool to ensure success in this area. At the same time, excessively ambitious targets can be a serious problem for individual member states. The aim of the article is to analyze the possibilities available to the Polish energy sector in the context of the assumed EU climate neutrality goals by 2050.
The analyzed research problem concerns, in particular, two areas of strategic importance for Poland: the coal sector and the renewable energy sources sector. The role of the former should be significantly reduced in the coming decades, while the position of the latter should be substantially strengthened. The juxtaposition of these challenges with the Polish economic, social and techno- logical realities is the main subject of analysis in this text. The method of system analysis with elements of a decision-making approach will be used. This will allow for an effective analysis and review at the research level of the most important problems and challenges faced by Poland in light of the necessary adjustments to be made in order to achieve the priorities assumed by the European Union.
The hypothesis of the article is that Poland is able to effectively meet European climate targets, although the implementation of this challenge requires decisive action on the part of the government, as well as an adequate response from investors and society. To this end, appropriate actions must be undertaken at both a strategic and operational level.
The purpose of this paper is to explore the issue of the criteria of project success and the complexity of the subject in the context of environmental and nature conservation projects financed by European Union. The article presents various definitions of project success The article deals with definition and evaluation process of the project success as well as specific conditions of EU project management. Thematic evolution and trends in defining project success are presented through systematic review of literature on project management. The first part of the article focus on reviewing different approaches to the subject of criteria of project success, which is the crucial part of the proces. It is impossible to determine critical success factors (CSF) without deciding on the criteria of the project success. Project success definition is an important and complex project management issue. The success of the projects was considered for the last 50 years in a various ways and by different project management scholars. There is a consensus about the importance of this aspect for the project management practice. However, the project management in the context of EU-funded projects is still subject of further research, as this issue was not yet properly analyzed. The article presents the specific of the environmental and nature conservation EU-funded project judgement proces. The procedures and the scope of the formal and substantive assesment which is the part of selection procedure were described. The paper presents also how formal and substantive assesment criteria correspond with success criteria definitions created so far by the researchers. Moreover, the article analyses how existing asssesment criteria, precisely defined in EU programmes documentation and procedures, can be treated as EU project success criteria. The article presents also the most important challenges and issues in determining the set of success criteria based on assesment criteria set for regional operational programmes and Operational Programme Infrastructure and Environment for 2014–2020 programming period.
Ensuring access to a stable supply of a number of raw materials has become a serious challenge for domestic and regional economies with limited production, the EU economy alike. Reliable and unconstrained access to certain raw materials is an ever more serious concern. In order to tackle this challenge, the European Commission has established a list of Critical Raw Materials (CRMs) for the EU, which is regularly reviewed and updated. In its Communication COM(217) 490 final of September 13, 2017, the European Commission presented an updated list of 27 critical raw materials for the EU as a result of a third assessment based on a refined methodology developed by the Commission. Economic Importance (EI) and Supply Risk (SR) have remained the two main parameters to determine the criticality of a given raw material. The list of critical raw materials for the EU includes raw materials that reach or exceed the thresholds for both parameters set by the European Commission. The only exception is coking coal (included in the list of critical raw materials for the first time in 2014) which, although not reaching the economic importance threshold, has been conditionally kept on the 2017 list for the sake of caution. Should it not fully meet this criterion, it will be withdrawn from the list during the next assessment.
The article discusses the most important changes to the methodology used in the third review and their impacts on the coking coal criticality assessment. It presents the geographical structure of coking coal global production and consumption as well as the degree to which the EU is reliant on coking coal imports. Raw materials, even if not classified as critical raw materials, are essential for the European economy as they are at the beginning of manufacturing value chains. Their availability may change rapidly due to developments in trade flows or trade policy, which reveals the general need for the diversification of supply.
This paper summarizes the arguments and counterarguments within the scientific discussion
on developing the free-carbon economy in Ukraine. The main purpose of the paper is elaborating
the energy efficiency profile of Ukraine to assure the development of the free-carbon economy. To
achieve this purpose, the authors carried out an investigation in the following logical sequence.
Firstly, the bibliometric analysis of 4674 of the most cited articles indexed by the Scopus database
was conducted. The obtained findings indicated that the green economy transformation depended
on the main factors such as economic performance, corruption, macroeconomic stability, social
welfare, shadow economy etc. As a result, the forecast of the final energy consumption to 2030
was performed. The methodological tool of this research is based on the Autoregressive Integrated
Moving Average (ARIMA) model. This study involved data of the Visegrad countries (Poland, the
Czech Republic, the Slovak Republic and Hungary) and Ukraine from 2000 to 2018. The base of
data is Eurostat, the EU statistical service. Based on the obtained results of analyzing the green
economic transformation in the Visegrad countries and Ukraine, the authors intimated the existence
of the significant energy-efficient gap in Ukraine compared to the analyzed countries. In reliance on
the experience of the Visegrad countries and the forecast results, the authors provided the main recommendations
for providing the green transforming in Ukraine. The authors highlighted that the obtained
results of this paper were considered to be the base for future investigations considering the influence
of endogenous and exogenous factors on developing the free-carbon economy in Ukraine.
This article examines the consequences of the Court of Justice of the European Union’s (CJEU) ruling in Achmea concerning Investor-State Arbitration (ISA) under intra- EU Bilateral Investment Treaties (BITs) from a treaty law perspective. It begins by briefly setting out the arguments of Advocate General Wathelet and the CJEU supporting their different positions on whether intra-EU BITs ISA clauses are compatible with EU law. The article then proceeds to analyse Achmea’s implications for intra-EU BIT ISA. It concludes that, as a result of the CJEU’s ruling, arbitral tribunals are deprived of their jurisdiction to entertain investors’ claims brought under intra-EU BIT ISA clauses. Finally, the article argues that Achmea’s applicability to cases brought under intra-EU BIT ISA clauses is limited, using the application of EU law as a relevant qualification. In order for an arbitral tribunal to be deprived of its jurisdictional competence as a result of Achmea, it must be entitled to interpret and apply EU law directly or indirectly in determining its jurisdiction.
The article presents reviews of the European Union regulation on reporting formalities for ships entering the EU ports. It also analyses IMO regulation concerning that matter. Finally, the author exposes the differences between both legal systems and weaknesses of the solutions adopted. In the second part of the article the author discusses the Polish way of the reporting formalities system’s implementation. On the basis of a legal analysis as well as practice of the maritime authorities in Poland, the author finds that the Polish regulations seem to be exemplary.
The last decade has witnessed the development of a growing phenomenon, the expulsion of European Union (EU) citizens from a host Member State. While the EU encourages its citizens to use their fun-damental right of freedom of movement, citizens moving to other Member States continue to encounter legal obstacles, in some cases leading to expulsion. Recently, there has even been strong political pressure in some Member States to reconsider the benefits of the principle of free movement, which has been built progressively since the foundation of the European Community. This restrictive ap-proach has arisen against the background of the global economic crisis, which occurred just after the enlargement of the EU to economically poorer countries of Central and Eastern Europe, leading to more nationalistic and protectionist measures, which have legal consequences for EU citizens on the move. This article analyses the legal grounds for expulsion under EU law and the safeguards that pro-tect EU citizens residing in host Member States. Examples of expulsions from Member States in recent years are noted, and possible ways of overcoming current issues are proposed.
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