Poland in the European Union Ten Years of Active Membership Edited by: Henryk Chałupczak Ewa Pogorzała Piotr Tosiek Zamość 2014 PUBLICATION SERIES MONOGRAPHS AND ANALYSES NO. 25 SERIA WYDAWNICZA MONOGRAFIE I OPRACOWANIA NR 25 Review/Recenzja: prof. dr hab. Ivan Pankevych prof. dr hab. Konrad Zieliński © Copyright by State School of Higher Professional Education in Zamość Officina Simonidis All rights reserved/Wszystkie prawa zastrzeżone First Edition/Wydanie pierwsze Zamość 2014 Państwowa Wyższa Szkoła Zawodowa w Zamościu Wydawnictwo Officina Simonidis ul. Pereca 2, 22 - 400 Zamość tel. +48 84 638 34 44 e-mail: [email protected] Edition/Nakład: 200 ISBN: 978-83-61893-37-0 Print/Druk: EXPOL, P. Rybiński, J. Dąbek, sp.j. ul. Brzeska 4, 87-800 Włocławek tel. 54 232 37 23, e-mail: [email protected] Table of Contents Introduction .......................................................................................... 5 Part I. Political Dimensions of Poland`s Membership in the EU Joanna Sanecka-Tyczyńska ................................................................. 11 The Idea of raison d’état in the Contemporary Polish Political Thought in the Context of Poland’s Membership in the European Union (2004-2014) Piotr Tosiek ........................................................................................... 27 Poland in the EU Decision-Making System. Linking the Perspectives of Law and Political Science Rafał Riedel .......................................................................................... 37 Ten Years after the Constitutional Treaty Referendum – Lessons for Poland Henryk Chałupczak ............................................................................. 45 National Security Policy of Poland after Accession to the European Union Łukasz Potocki ..................................................................................... 59 Poland's Eastern Policy after Accession to the European Union Marta Michalczuk-Wlizło ................................................................... 75 Adjusting Polish Law to EU Law – Principles and Procedures for Enacting Laws Małgorzata Adamik-Szysiak ............................................................... 85 Video Rhetorics in Communication Strategies of Polish Political Parties – the Case of Election Campaigns to the European Parliament (2004-2014) Part II. Social Dimensions of Poland`s Membership in the EU Piotr Burgoński .................................................................................... 107 The Category of Equality in Polish Law and Policy after 2004 3 Marta Zwolan ....................................................................................... 121 Social Threats in Poland after Accession to the EU Ewa Godlewska .................................................................................... 135 The Influence of Membership in the Council of Europe and the European Union on the Status of Ethnic and National Minorities in Poland Ewa Pogorzała, Tomasz Browarek ..................................................... 147 The Impact of EU Accession on Protection of National and Ethnic Minorities in Poland Magdalena Lesińska-Staszczuk .......................................................... 163 EU Membership and Women’s Employment Situation in Poland Grzegorz Chałupczak .......................................................................... 177 Selected Problems of the Policy of Employment of Graduates in Poland after Accession to the European Union Małgorzata Samujło, Bronisław Samujło ......................................... 191 EU Support in the Field of Education - Selected Projects Financed by the ESF in the Lublin Region Aleksander Nieoczym .......................................................................... 199 European Funds as a Development Factor of the Sawin Commune 4 Introduction Ten years of Poland’s membership in the European Union seems to be a suffi- cient period to have some patterns of behaviour stabilised. Polish citizens, officials and politicians have gained experience in functioning of formal and informal proce- dures within the EU political system. Moreover, they had to participate in reforms and continue the process of adaptation to new rules. The main question is whether Poland’s accession has been successful. Membership in the European Union is characterised not only by advantages but also by flaws. In a common feeling the most successful elements of Poland’s mem- bership are: (a) cohesion policy symbolised by improvement in infrastructure; (b) net-transfers from EU budget within multiannual financial perspectives/ frameworks 2007-2013 and 2014-2020; (c) impact on EU’s external policy embodied in the concept of Eastern Partnership. The following phenomena are found unsuccessful: (a) outflow of labour force affecting social ties and destabilising labour market in the long run; (b) climate package policy and a threat of destabilization of Polish energy sector; (c) possibility of the second-order membership connected with non-attendance in the Eurozone. The following problems are perceived as challenges: (a) adaptation to the model of differentiated integration; (b) coordination of economic policies of member states; (c) long term migration policy. The aim of this book is to elaborate on the majority of these problems and spheres. The authors perceive Poland’s membership in the European Union as a multi- dimensional phenomenon that is very promising in explorative terms. At the same time this requires analysing and synthesizing by representatives of many disciplines with political science in a leading position. European integration is a complicated structural and functional process aimed at creating security, peace and welfare in the continent. The most important role in this process is still played by member states. For them the EU membership is a legal, social and political challenge. The authori- ties and citizens have to face problems of supranational decision making in a new type of policy featured by three main trends: widening (incorporating the countries of Central and Eastern Europe), deepening (connected with closer cooperation and 5 INTRODUCTION diminishing of states’ sovereignty) as well as economic and political crisis from 2008 (posing a threat of disintegration). The book consists of fifteen contributions referring to various problems of Po- land’s membership in the EU. Two main spheres can be functionally identified: pol- itics and society. The first relates to general political problems, foreign policy and domestic development; while the second one concerns general social problems and state’s policies towards some social groups, including case studies. Such a structural form is conceived to embrace a relatively broad range of topics, but not to offer the complete view of Poland’s European policy or reforms connected with membership. The first chapter tackles the problem of the idea of raison d’état in a political thought of post-accession Poland. EU membership resulted in conflicted positions of political parties in public debate concerning the sovereignty and reforms of the political system. Two main groups have appeared: advocates of the mainstream EU vision and defenders of traditional national interest. The second chapter elabo- rates the theoretical research concept focused on legal and political analysis of Poland’s EU membership. The main thought is rooted in the view that member states are still the most powerful elements of the EU decision making system, which paradoxically results in new complex and interrelated phenomena that can- not be fully controlled by those states. The third contribution is dedicated to the referenda on the EU constitution and lessons drawn from this experience which should be taken into account by some member states, including Poland. This anal- ysis is an attempt to observe the position of deliberative democracy in contempo- rary European Union. The fourth article analyses Poland’s national security policy after 2004. It is assumed that this policy is based on values oriented on protection of sovereignty, civilizational and economic development, protection of identity and national interest. The fifth chapter presents main elements of Polish Eastern Policy. It is stressed that Poland became one of principal creators of EU’s policy towards neighbouring countries, what is more, this policy was featured with new mechanisms and institutions. In the sixth contribution the principles of adaptation of Polish legal system to EU requirements are discussed. It is argued that Poland is obligated to monitor laws created within the EU system, to check national provi- sions for compatibility with those of the EU and to adapt them, if necessary. This resulted not only in the change of law content but also in altering legislative proce- dures. The first part is concluded by the chapter elaborating on communication strategies of Polish political parties in elections to the European Parliament. Abil- ity to use tools of political marketing can indicate the professionalization of elec- 6 INTRODUCTION toral operations, while electoral success depends on the acceptance of the right strategy aimed at creating the desired image of the politician or the party. The first chapter of the second part, concerned with social dimension, empha- sizes the role of re-definition of equality as a major category of social relations in the post-accession period. The prospective and actual membership in the European Union affected the evolution of concepts of equality