Legal opinion on a project of regulating in a single act financial rules which are applied to general budget of the EU Cover Image

Opinia na temat wniosku dotyczącego rozporządzenia Parlamentu Europejskiego i Rady w sprawie zasad finansowych mających zastosowanie do budżetu ogólnego Unii
Legal opinion on a project of regulating in a single act financial rules which are applied to general budget of the EU

Author(s): Zofia Szpringer, Konrad Kuszel
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, EU-Legislation
Published by: Kancelaria Sejmu
Keywords: budget; finance; European Union

Summary/Abstract: Adoption of the draft regulation may resultin a necessity of change of several Polish statutes. Authors notice that indication ofArticle 322(2) of TFEU was improper because of the specific goal and content of theregulation. The mentioned provision concerns own resources of UE, while the draftregulation determines EU budgetary rules. Article 322(1) of TFEU should be indicatedas a proper legal basis of the proposed regulation. The principle of subsidiarity, in accordancewith rules mentioned in Article 2 of the Protocol No. 2 on the Applicationof the Principles of Subsidiarity and Proportionality does not affect the analyzed draftregulation. The authors point out that the Council of Ministers did not fulfil its obligationto present a project of opinion on the EU draft act. The authors claim with that thedraft regulation should be adopted, but they also point out that many areas coveredby the draft should be clarified.

  • Issue Year: 2017
  • Issue No: 1
  • Page Range: 120-132
  • Page Count: 13
  • Language: Polish