Kilka uwag w kwestii możliwości wycofania się przez Polskę z protokołu polsko-brytyjskiego

Abstract

Article 6 of the Treaty on the European Union, in the version established by the Lisbon Treaty, gives a binding force to the Charter of Fundamental Rights, including it in the primary law and making it equal with it. Thus, the instrument was not directly included in the Founding Treaties, as provided for by the Constitutional Treaty. The Protocol on the Application of the Charter of Fundamental Rights to the United Kingdom and the Republic of Poland is an inseparable part of EU primary law. The aim of the Protocol is to limit the possibility for the ECJ to control the application of the Charter in cases in which laws provided for in the Charter have been confirmed by the Polish legal system. It does not seem apt to say that Poland’s withdrawal from the PolishBritish Protocol would only be possible through a new protocol, ratified by all Member States. EU law, as a subsystem of public international law, is essentially deformalised and leaves a relative freedom of action to states. There are no obstacles to applying these non-formal procedures (such as withdrawing the special reservation by Poland) to the Polish-British protocol.