The East-European enlargement and future perspectives of the European Union

The first part of the article deals with questions concerning the oncoming enlargement of the European Union by former eastern-bloc countries such as Poland, Hungary, the Czech and Slovakian Republics, Romania, Bulgaria as well as Slovenia and the three Baltic states. It focuses upon the "europe-Treaties" which the European Union has concluded or is going to conclude the countries obove. The question being raised is whether these treaties can be regarded as sufficient preparation for future membership in the European Union. The treaties' specific deficiencies, such as the existence of a safeguard-clause, as well as the exclusion of a unitary competition right and of the agrarian market are mentioned. The enormous differences between the GDP per capita of the most advances Vysehrad-countries and least developed members of the European Union, as well as the non-compatible structure of these countries' national economies are expected to cause extraordinary problems of adjustment. Furthermore the question is raised if the option of further integration without membership would not be a viable alternative for the oncoming 8 to 10 years. The second part of the article deals with the future perspective of an enlarged Union. First the specific three-structure of the Union is described; the Union being characterized as a "compound" of supranational and intergovernmental elements. Questions concerning the oncoming reforms of the institutions are raised. Furthermore, the article deals with the aspect of a guiding principle for future political development of the Union. The Author concludes that the idea of a European State cannot be regarded as a realistic perspective for the oncoming decades. The objective of a general supranationalisation in the field of European cooperation would inevitably lead to a fundamental conflict with the principles of democracy; this being due to the lack of a unitary European nation as the sovereign and the subject of democracy. A mixed structural "compound" not unlike the present three-pillared structure is therefore the only realistic alternative in the foreseeable furure. Moreover the entire process of cooperation demands a stronger diversification in that not all members have to participate in all fields of integration at the same time.Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/201

The East-European enlargement and future perspectives of the European Union

The first part of the article deals with questions concerning the oncoming enlargement of the European Union by former eastern-bloc countries such as Poland, Hungary, the Czech and Slovakian Republics, Romania, Bulgaria as well as Slovenia and the three Baltic states. It focuses upon the "europe-Treaties" which the European Union has concluded or is going to conclude the countries obove. The question being raised is whether these treaties can be regarded as sufficient preparation for future membership in the European Union. The treaties' specific deficiencies, such as the existence of a safeguard-clause, as well as the exclusion of a unitary competition right and of the agrarian market are mentioned. The enormous differences between the GDP per capita of the most advances Vysehrad-countries and least developed members of the European Union, as well as the non-compatible structure of these countries' national economies are expected to cause extraordinary problems of adjustment. Furthermore the question is raised if the option of further integration without membership would not be a viable alternative for the oncoming 8 to 10 years. The second part of the article deals with the future perspective of an enlarged Union. First the specific three-structure of the Union is described; the Union being characterized as a "compound" of supranational and intergovernmental elements. Questions concerning the oncoming reforms of the institutions are raised. Furthermore, the article deals with the aspect of a guiding principle for future political development of the Union. The Author concludes that the idea of a European State cannot be regarded as a realistic perspective for the oncoming decades. The objective of a general supranationalisation in the field of European cooperation would inevitably lead to a fundamental conflict with the principles of democracy; this being due to the lack of a unitary European nation as the sovereign and the subject of democracy. A mixed structural "compound" not unlike the present three-pillared structure is therefore the only realistic alternative in the foreseeable furure. Moreover the entire process of cooperation demands a stronger diversification in that not all members have to participate in all fields of integration at the same time.Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/201

VALIDITY CONTROL OF FINAL AND BINDING ACTS ACCORDING TO ART. 234 EUROPEAN COMMUNITY TREATY

The article deals with the relation between the action for annulment under Art 230 EC and the control of validity within the scope of the preliminary ruling procedure under Art 234(1) (b) EC. Despite some fundamental differences between both procedures - Art 230 EC is a direct action before the community courts, while Art 234 EC is a procedure of co-operation between national courts and the ECJ - overlaps are possible: After expiration of the time-limit, pursuant to Art. 230(5) EC, legal acts of community institutions become final. Yet, since the institution of a preliminary ruling procedure is not subject to any time-limit, such legal acts can be subject to a preliminary reference concerning their validity after the time limit pursuant to Art 230(5) has already expired. Making a reference in favour of a person who could bring an action for annulment against such an act but has failed to do so, would thus circumvent the finality of that act. For this reason the ECJ rejects references concerning the validity of acts under Art 234 EC, if an annulment action of the person in whose favour the reference is made was obviously admissible but no such action was brought. The article analyses the case-law existing on this issue and attempts to determine more precisely the criterion of obviousness. In addition, the article highlights constellations of overlap that have not yet been subject of the existing case-law