by Jan Szczepański, Poznań, Poland

The creation of the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, December 13, 2007, has recently caused tension in the Polish Lower House of Parliament [Sejm]. The Treaty has been said to grant "superior powers" to the European Union (EU), affecting an international organization with broad legal capacity, directly affecting the national legal system and resulting in limitations on the sovereignty of Poland. To become a permanent legal document, it has to be ratified by all member states. This Treaty is said to be a substitute for the European Constitution that was rejected in France and the Netherlands.

As far as the provisions of the Treaty are concerned, it is clear that they have become a major part of the ongoing discussion about the’ enforcement of European laws in Poland. However, the debate has focused on primitive arguments that have nothing to do with reality to confuse Polish society. I would not like to judge who is right in the dispute over the Treaty. My goal, though, is to show what it changes (or what it does not change.) You should bear in mind that I am not an expert on international law, but I hope my short evaluation will be useful food for thought for you.

First of all, Poland, as a member state, draws great benefits from its membership in the EU. Although the EU seems to be portrayed negatively across the ocean, it is surely helping Poland. Trying hard to become an economically strong country, it was wise to become a part of the EU, which brought Poland back to Europe.

Generally speaking, the Treaty of Lisbon adjusts the current shape of the EU to the fact that it became bigger and "old" systems do not match well with the "new" situation, i.e., the 27-member-states-big EU. It is to be a substitute for the European Constitution that, if had been approved by the member states, would have constituted some major changes in Europe. It stated that the European laws would be superior to national laws. This idea was, nevertheless, rejected and, as a result, the new Treaty was created.

One of the most important issues concerning this Treaty is the division of powers that are given specifically to the EU and member states. Another one is that the European Union was given legal capacity, so it will be enacted as the international organization with due respect to its members’ interests. Moreover, in order to adjust its functioning to the "new" shape, new systems of voting were introduced. To avoid taking over the decision making process of the EU by a few big member states, there are a few "emergency brakes" introduced so that the system would be balanced.

Poland, being a member state, is of course vividly interested in the new shape of the European Union. It is natural that each member state wants to gain as much as possible from its membership and would like to gain as much power as possible, as a result. It is, nonetheless, impossible to demand without any compromises, and it seems that the Treaty of Lisbon is such a compromise.

As far as the European laws are concerned, it is apparent that a ratified international treaty, such as the Treaty of Lisbon, is inferior to the Constitution of the Republic of Poland, and so no laws come before the Constitution when national matters are concerned. The national Parliaments are said to be taking part actively in the legal processes, and many issues are reserved to the national laws. One example is the issue of marriage. This subject was caused lively discussion in Poland, and it showed how little politicians read. According to the Treaty of Lisbon, the right to marry is recognized and respected according to the national law governing the exercise of this right. Polish law states that the marriage is a legal relationship between a woman and a man, so the turmoil about the European law affecting the change of Polish national law seems to be groundless.

I hope this gives you a small insight into what it means for Poland to be a part of the European Union. I believe you might also become more interested in the matter. It is a very important aspect of Polish affairs at the moment, and so it is quite crucial that society should be more deeply immersed in it.