Granty naukowe i informacje biograficzne / Research projects and biographical information
Current: 2018 – 2020 – NCN grant entitled
Economic freedom and market regulation on the example of the influence of EU and domestic market regulators on the shaping the content of contractual relations between entrepreneurs, OPUS 14, no. 2017/27/B/HS5/02870 (Economic freedom and market regulation on the example of the influence of EU and domestic market regulators on the shaping the content of contractual relations between entrepreneurs)
Completed NCN: Renacjonalizacja procesów integracyjnych w zakresie swobód rynku wewnętrznego UE // Renationalising the Integration Process in the Internal Market of the European Union (2016-2018 – funding institution: Narodowe Centrum Nauki) no. 2015/17/B/HS5/00467
CURRENTLY: BS – grant for research with the University of Warsaw (2017-2018)
Completed – 2015-2016 grant for Statutory Research entitled “Europeizacja prawa prywatnego“
COMPLETED 07.2016: 2014-2016 – grant no. 013/11/B/HS5/03443 “Wyzwania dobrych rządów w Unii Europejskiej- od rządu do rządzenia
– w jaki sposób skutecznie realizować misję publiczną w nowoczesnym systemie wieloszczeblowego rządzenia” funded by Narodowe Centrum Nauki (OPUS 6) /Challenges of good governance in the EU- transfer from governing to governance-what is the most effective way to realise the public mission in the modern multilevel governing
COMPLETED BS: In 2014 – 2015 – grant for Statutory Research entitled Procesy konstytucjonalizacji Unii Europejskiej
In 2014, contractor in a grant at INP PAN from funds of the Polsko-Niemiecka Fundacja na Rzecz Nauki in Frankfurt an der Oder: “Implementacja unijnych dyrektyw antydyskryminacyjnych w prawie polskim i niemieckim”.
In 2013-2015 – Professor Robert Grzeszczak, expert from the University of Warsaw and the University of Łódź within the framework of advisory services for the Local Government Side of the Joint Commission of Government and Territorial Self-Government under the systemic project „Dobre prawo – sprawne rządzenie”, action 5.2.
2006-2009 contractor of a grant at INP PAN entitled Problemy prawne w stosunkach polsko-niemieckich na progu XXI, (GRANT 1 H02A 036 30) directed by Professor Wł. Czapliński, details: http://nauka-polska.pl/#/profile/research?id=233398&_k=sjk2wd
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Komisje Rady Wydziału Prawa i Administracji UW kadencja 2016-2020
Nostrification Committee Professor dr hab. Robert Grzeszczak – Member
Committee for Conflicts of Interest - Professor dr hab. Robert Grzeszczak – Chairman
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Renacjonalizacja procesów integracyjnych w zakresie swobód rynku wewnętrznego UE
(2016-2018) – funding institution: Narodowe Centrum Nauki
2015/17/B/HS5/00467
Team of contractors: head Professor UW dr hab. Robert Grzeszczak
Contractors: mgr Piotr Kwasiborski (team secretary), mgr Jędrzej Maśnicki, mgr Magdalena Gniadzik
I. ARTICLES PREPARED (PUBLISHED) IN CONNECTION WITH THE IMPLEMENTATION OF THE NCN GRANT:
- R. Grzeszczak, Propozycja porozumienia Unii i jej państw członkowskich ze Zjednoczonym Królestwem – zakres propozycji i ich znaczenie dla UE i jej obywateli (in:) Prawo Europejskie w Praktyce no. 2/2016, pp. 12-19.
- R. Grzeszczak, Bariery w przepływie pracowników na rynku wewnętrznym – stary problem w nowych odsłonach (in:) Opolskie Studia Administracyjno-Prawne, Opole 2016 no. XIV/4, pp. 39-55 (http://prawo.uni.opole.pl/studia.php).
- P. Kwasiborski, Planowana rewizja dyrektywy 96/71/WE w świetle dotychczasowych uwarunkowań prawnych instytucji delegowania pracowników w Unii Europejskiej (in:) Europejski Przegląd Sądowy no. 6 (129) /2016, pp. 12-22.
- R. Grzeszczak, The concept of social citizenship of the European Union in the light of the phenomenon of social tourism (in:) Studia Iuridica , Warszawa 2017 (in publication)
- R. Grzeszczak, M. Gniadzik, New Vision of ‘Social Europe': Renationalising the Integration Process in the Internal Market of the European Union, Paper of the Conference: Democratic Principles, Economic, Social and Cultural Rights , 2017 Osaka Japan (in press)
II. CONFERENCES AND PAPERS OF GRANT PARTICIPANTS IN CONNECTION WITH THE PROJECT IMPLEMENTATION
- Brussels, Research at the Library of the European Commission (mgr M. Gniadzik and mgr P. Kwasiborski), 5-7 May 2016
- Wrocław University – CEJM, Citizenship and fundamental rights in the European Union – opportunities and challenges for integration 14-15.04.2016, mgr Magdalena Gniadzik, paper: One step forward, two steps back – the significance of CJEU judgements in the cases Brey, Dano, Alimanowic and García-Nieto for EU citizens
- Birmingham, 5th Conference on European Law and Policy in Context – More or Less Europe, University of Birmingham UK, 23-24.06.2016, mgr P. Kwasiborski, paper: “Social Dumping on the EU internal market – challenge for integration process”
- Amsterdam, 17-19 November 2016 – Vrije Universiteit Amsterdam – Law and Governance in a Crisis-Ridden European Union – NILG PhD Roundtable Forum: mgr Gniadzik, paper: “The Influence of Recent Rulings of the Court of Justice on the Development of the status of EU Citizens”; mgr P. Kwasiborski, paper: “Impact of the EU Integration Crisis on the institution of Posted Workers – new works on reviewing the Posted Workers Directive”
- Warsaw, WPiA UW 26.11.2016, The EU without the UK Implications and Legal Consequences of BREXIT, mgr J. Maśnicki, paper: “Re‐nationalization or indirect integration? The application of implementing measures without any EU law to be implemented”
- Lublin, 12.2016 – KUL, Department of European Union Law, Faculty of Law, Canon Law and Administration and the Konrad Adenauer Foundation “Swobody rynku wewnętrznego Unii Europejskiej wobec zmieniającej się sytuacji polityczno-gospodarczej Europy”, Professor R. Grzeszczak, paper: “Renacjonalizacja procesów integracyjnych w zakresie swobód rynku wewnętrznego UE – na przykładzie swobody przepływu pracowników”
- Research at the Library of the Court of Justice of the European Union (mgr Kwasiborski) in Luxembourg, 18-21.12.2016.
- 21-23 January 2017 in Trzebieszowice, Jean Monnet Centre of Excellence Seminar at the University of Wrocław entitled “Unia Europejska w badaniach naukowych doktorantów”, inaugural lecture by Professor R. Grzeszczak entitled “Renacjonalizacja procesów integracji europejskiej na przykładzie swobody przepływu osób”
- Conference 30-31.03.2017 WASET Osaca Japan Democratic Principles, Economic, Social and Cultural Rights, Professor R. Grzeszczak ref. New Vision of ‘Social Europe': Renationalising the Integration Process in the Internal Market of the European Union
- Copenhagen (Denmark), July 5-7, 2017: ICON-S Annual Meeting “Courts, Power, Public Law, Professor R. Grzeszczak and mgr J. Maśnicki, panel – „Disabling a constitutional court and fragmentation of the EU legal order”, ref. The autonomous legal terms interpretation as the judge-made instrument to prevent re-nationalisation. Some empirical indications.
1. Artykuł / praca / analiza powstał/a w ramach realizacji grantu Narodowego Centrum Nauki pt. Wolność gospodarcza a regulacja rynków na przykładzie wpływu unijnych i krajowych regulatorów rynków na kształtowanie treści stosunków kontraktowych między przedsiębiorcami, nr 2017/27/B/HS5/02870.
2. This article was written as part of the National Science Centre, Poland grant entitled Economic freedom and market regulation on the example of the influence of EU and domestic market regulators on the shaping the content of contractual relations between entrepreneurs, nr 2017/27/B/HS5/02870.
Ogólny opis projektu i tezy projektu // Research project objectives and hypothesis
The main objective of the research project is to verify the hypothesis that a return to renationalisation tendencies can be observed within the single market. The project aims to determine whether these are permanent and whether they occur in the area of the four freedoms: freedom to provide services, free movement of goods and workers, and freedom of establishment. It is essential to identify the legal effects of the long-term impact of renationalisation tendencies on the European integration process. An analysis of selected internal market freedoms from the perspective of renationalisation processes will provide a description of their effects for consumers, workers, entrepreneurs, and Member States. For example, an analysis of the free movement of persons will allow for the development of an approach that considers the “gains and losses” resulting from the introduction of solutions inspired by renationalisation tendencies. As a result, it will be indicated whether renationalisation tendencies do not lead to a practical deterioration of the situation of entities responsible for generating and maintaining them. This may happen due to the limitation of their economic and social potential. Within this defined scope, the research objective will also include diagnosing the legal effects of renationalisation on the labour market and the competitiveness of Member States, which should provide material for reflection on how to consolidate the current achievements of European integration, taking into account the strong occurrence of its centrifugal effects. Another research objective is to assess the effects of national policies from the point of view of the effectiveness of competition law. Extending the scope of analysis to issues related to competition protection is essential because renationalisation tendencies do not necessarily manifest themselves in the form of direct actions taken in the sphere of single market freedoms. Furthermore, in a broader sense, the research aims to analyse renationalisation tendencies based on enhanced cooperation mechanisms as an expression of the flexibility of European integration. 2. Description of basic research undertaken within the project Basic research will be conducted on two levels: judicial and administrative. The analysis of the judicial level of renationalisation is based on the assumption that the CJEU, when delivering a judgment based on a preliminary question previously submitted by a national court, must, in a more or less open manner, confront renationalisation tendencies in the interpretation and application of EU law. This part of the research will be conducted based on a in-depth analysis of selected CJEU rulings. It should also provide a theoretical framework useful from the perspective of judicial application of law to deal with renationalisation tendencies. In this context, renationalisation issues can be analysed from the perspective of the principles of proportionality and subsidiarity, which in particular cases may prove to be an adequate indicator of whether "integration" or "(re)nationalisation" tendencies have prevailed in given research areas. The analysis will also allow to answer the question of whether it is useful to use the subsidiarity and proportionality test as one of the possible responses to renationalisation processes. The analysis of the administrative level of renationalisation will focus on the application of the principles of proportionality, subsidiarity, and the principle of sincere cooperation. In the scope of issues covered by the research topic, a comprehensive analysis of infringement proceedings linked to the sanctioning measures contained in Articles 258 and 260 TFEU will be carried out. This will provide information on the extent to which renationalisation tendencies are common among different Member States. Proceedings conducted by the European Commission indicate those issues in the analysed area of internal market freedoms where renationalisation tendencies, through issues of non-transposition or incompatibility of national provisions with EU law, manifest themselves with particular force. A comparison of the two levels of renationalisation will allow for drawing both quantitative and qualitative conclusions regarding the development of EU legislation. This will enable appropriate description and relevant conclusions to be presented to the competent legislative authorities of the European Union and the Member States. Their actions should find the "golden mean" rule, expressed in balancing the assurance of a unified internal market and particular national interests. 3. Reasons for undertaking the research topic The reason for undertaking interests in the indicated research area are the commonly visible: attempts to re-transfer selected European Union policies back into the sphere of Member State competencies, strengthening the control of national parliaments over EU legislation with a simultaneous increase in centralist tendencies and the dominance of political over economic considerations. The influence of the above-mentioned factors results in even more dynamic competition between Member States in defining sectoral EU policies (e.g., agriculture or energy), in particular areas (e.g., the euro area) and the European Union as such. Furthermore, the reason for undertaking research on the indicated issue are the currently emerging negative effects of renationalisation, which manifest themselves in the rising cost of doing business. This can lead to distortions of competition between domestic entities and those from other Member States. For example, distortions can be pointed out that lead to social dumping, as an effect of a gradual deterioration of social conditions to increase the competitiveness of a given market. Accepting renationalisation tendencies will not positively affect the rules of competition in the internal market and, as the example of renationalisation in the area of social policy illustrates, may lead to economic inequalities. For the above reasons, we considered it appropriate to analyse the issue of renationalisation of integration processes in the area of the internal market freedoms of the European Union using a comprehensive research project. The research will allow for an assessment of the extent to which the observed anti-integration tendencies can lead to a decrease in the effectiveness of EU regulations. A broad analysis of the effects of renationalisation processes should also be carried out to avoid unpredictable reactions of Member State governments taken under pressure from centrifugal interest groups.
english:
The purpose of the project is to identify the legal effects of the renationalisation process on the EU and its Member States. The concept of renationalisation is expressed through MS’s aim to verify the relationship with the EU. J. Klabbers pointed out that constitutionalisation, fragmentalisation and verticalisation are “the Holy Trinity of the international legal debate at the beginning of the XXI century”. (J. Klabbers, A. Peters, G. Ulfstein, The Constitutionalization of International Law, Oxford 2009). Therefore, aside from integration, consolidation, harmonisation and unification, disintegration and flexibility also became concept which may characterise the EU system in the XXI century.
The tendency is more visible in the public opinion of several MS of the ‘EU core’ and may be confirmed by the changes applied by the regulatory body. (Clemens C. Rieder, Introduction. The Withdrawal Clause of the Lisbon Treaty in the Light of EU Citizenship (Between Disintegration and Integration), 37 Fordham Int’l L.J. 147, 2013).
What is striking is the fact that, with time, the effects of integration processes have reached a relatively high level of acceptance. This has resulted in the adoption of increasingly bold solutions reflected in the open cooperation of the Member States, of which the best example is the long-standing and effective operation on the internal market and its freedoms. (Matthew Joseph Gabel, Market Liberalization, Public Opinion, and European Union, University of Michigan Press, 2009, p. 40).
In fact, since the beginning of the Community and European Union, the undertaken integration initiatives were confronted with inverse tendencies – nationalistic tendencies (Maria Green Cowles, Transforming Europe: Europeanization and Domestic Change, Cornell University Press, 2001, s. 2).
The differences in the degree of integration between Member States is a phenomenon already defined and described. Commonly known is the differentiation in the EU with regard to the, inter alia, membership in the Schengen Zone, accession to the third stage of monetary union and ultimately the adoption of the euro, the implementation of EU policies, including the freedoms of the internal market. These are permanent or temporary trends, which nevertheless, show a continual presence in the European legal space.
The hypothesis for the proposed research is the return of renationalisation tendencies in the area of the Single Market, which is supported by, among others, an open criticism of the foundations of EU integration or considerations on withdrawal from the EU by some MS (Lewis F. Abbott, British Withdrawal from the European Union: A Guide to the Case for, Industrial System Research 2011, p.102). One of the catalysts of the present process of renationalisation may be the financial (economic) crisis suffered by Member States and the problems caused by migration and immigration.
In this project, tendencies called “re-nationalisation of integration” are nothing more than attempts to verify the rules of participation in the integration processes. These aspirations are expressed in attempts to transform some EU policies and their shifting to the competences of the MS, a stronger parliamentary control over EU legislation, an increase of centralist tendencies and the growing dominance of politics over economics. A definite influence on the above is the new, more dynamic, competition between Member States for leadership in sectorial EU policies (eg energy or agriculture), in certain areas (the euro) and the Union as a whole.
The above-mentioned objectives of the research project are of great importance from the point of view of the current situation in Europe. The social and cultural problems that result from the adoption of an open immigration policy and liberalised social policy are a concern for the “native” citizens of the EU Member States. Part of a research project involved an analysis of the extent to which these concerns may affect the actual legal situation and the economic competitiveness of the Member States and businesses operating there.
We believe that one of the most important reasons for the increased phenomenon of renationalisation is the economic considerations being raised by the national governments of the Member States to protect domestic economies. The economic, social and legal effects, which in recent years were caused by the economic crisis, possess a significant impact on the internal market of the European Union and the attitude towards the process of integration of both consumers and businesses. Noticeable problems with the sale of goods, increased costs, lack of capital, unemployment, immigration and other negative effects of the crisis, caused the loss of confidence in the strength of the uniform and harmonised internal market of the European Union. The pro-integration trends were replaced by a protection of domestic, small and medium-sized enterprises and trends supporting domestic production and economic activity.
2. Wyzwania dobrych rządów w Unii Europejskiej- od rządu do rządzenia … // Challenges of good governance in the EU- transfer from governing to governance … .
The most general objective of the project is to verify the hypothesis that the concept of good governance, both in the EU and in the Member States, is an expression of a broader tendency in recent years consisting in a shift from government to governance. The thesis put forward in the project is that the essence of modern governance is the exercise of power complemented by participatory and network solutions of a horizontal nature. Governance is to be effective, which means correlating actions with incurred costs and outlays and relating them to the achieved effects at the EU and Member State levels. Therefore, the project aims to examine the idea of a good governance system from the perspective of EU and national initiatives. In connection with the above, detailed research objectives arise, whose common task is to specify, systematise and analyse the aspects that make up good governance and the fulfilment of a public mission. In other words, the project aims to examine the next hypothesis posed, that an element of good governance is efficiency in meeting the needs of citizens. This hypothesis will be examined by specifying the application value of a number of EU initiatives (including improving the legislative environment, combating discrimination in a broad sense, streamlining the functioning of justice systems, judicial control of EU administration, analysing the impact of the principle of good governance on European investment law, the legal effectiveness of investor protection in the EU, initiatives bringing Europe closer to its citizens, supporting the guarantee of internal and external security of the EU and its states).
Research project objectives/Hypothesis
The main aim of the project is to verify the hypothesis that the concept of good governance, both in the EU and its Member States, expresses wider tendency observed in the last years, i.e. the transfer from government to governance. The thesis posed in the project is that the essence of government is to hold power supplemented by horizontal solutions having participatory and networking character. Governing shall be effective, which means that
actions, costs and expenditures must be correlated, and then compared with the results achieved at the EU level and on the niveau of Member States. Hence, the objective of the project is to do research into the concept of good governance system, as regards the EU and national initiatives. In relation to the above mentioned issues there arise the following detailed research objectives. They are formulated in order to specify, systemise and analyse the aspects
of good governance and realisation of public mission. To put it in other words, the goal of the project is to verify another hypothesis saying that the element of good governance is efficiency in meeting the needs of the citizens. Such hypothesis will be verified by specifying the applicational value of many EU initiatives (i.a. improvement of the legislative environment, fight against discrimination in the broad sense, making the justice system more
efficient, judicial control of European public administration, building the structure of European investment law and creating investor protection, the initiatives bringing Europe closer to its citizens and supporting the guaranty of internal and external safety of the UE and Member States.
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