11 December 2024 – University of Cardinal Stefan Wyszynski in Warsaw
„Equality in an Ever-Integrating Europe„ – is the theme of the fourth edition of the Oxford Debate, which took place on December 11, 2024 at the University of Cardinal Stefan Wyszynski in Warsaw. Its purpose was to draw the attention of European citizens to important and relevant topics related to the future of Europe, and Central Europe in particular. The main objective of the Oxford Debate was „Equality in an Ever-Integrating Europe”.
The aim of the debate was to explore whether it is possible to ensure closer (more integrated) European cooperation between the Member States of the European Union, while respecting their equality. The preamble of the EU Treaty speaks of the will of the Member States to continue the process of building an ever-closer Union among the peoples of Europe. They want to create a Union in which decisions are taken as close as possible to the citizens, in accordance with the principle of subsidiarity. It also states that it aims to deepen solidarity between peoples, while respecting their history, culture and traditions. But what does this mean in practice? There is no doubt that all Member States have an interest in mutual cooperation within the European Union. But there may be debates about how this cooperation should be ensured (intergovernmental method vs. supranational method) and in which areas. There may also be doubts about the adequacy of the current operational structure of the European Union. The question of the proper balance between the democratic functioning of the European Union, the equality of Member States and effective decision-making in the administrative bodies of the European Union become extremely important.
Two topics were particularly relevant, namely – Adoption of Unified Regulations in Response to Current Global Challenges and Equality as a Foundation for Cooperation between EU Member States and the EU.
The dissemination event received a very positive reception and was attended by around 150 on site. In addition, the event was screened 215 on the Youtube platform.
The theme of the first panel was the conundrum: Adoption of Unified Regulations in Response to Current Global Challenges.
The regulatory integration of the European Union reflects the evolution of cooperation between Member States. At the beginning, it focused on the economy and the creation of a single market based on common regulations, eliminating legal and administrative problems and promoting peace and solidarity. The first steps in this direction took place in the 1950, when Europe was trying to rebuild after the devastation of the Second World War. The European Coal and Steel Community, established in 1952, aimed at the joint management of key strategic resources – coal and steel – which not only avoided rivalries between countries, but also strengthened the economy and political integration. The next step was the signing of the Treaties of Rome in 1957, which established the European Economic Community and Euratom. The EEC introduced a framework for cooperation in areas such as trade, agriculture or transport, which initiated a process of legal harmonisation in these areas. In 1986, regulatory integration accelerated with the adoption of the Single European Act. This document laid the foundations of the Single Market, seeking to ensure the free movement of goods, people, services and capital. Today, the EU is adapting regulations to challenges such as digitalisation, climate change or energy security. This process requires a balance between harmonisation and respect for the diversity of Member States, making dialogue and compromise crucial for the future of integration.
Creating unified legal standards in the European Union helps member states tackle global challenges like climate change, digitalization, migration crises, and protecting citizens’ rights. Administrative law plays a key role in this process as it governs how public institutions work.
Some examples of these efforts include: Directives regulating public procurement procedures, which promote transparency and fair competition; Digitalizing public administration, through the European Digital Strategy, setting standards for e-government services; In migration issues, the EU has established common standards for processing asylum applications and cooperation between Member States; The COVID-19 pandemic highlighted the need for unified administrative procedures in public health, such as the creation of the EU COVID Certificate; To address climate change, the EU’s Green Deal requires Member States’ administrations to implement regulations for sustainable economy and energy policies. EU should continue unifying standards only in areas where national efforts are not enough to address global challenges effectively.
One of the fundamental pillars of the EU is the common market in goods and services. The removal of levies, duties and other burdens arising from national legislation has required the European Community to adopt common standards and procedures in the field of civil law.
One of the most pressing topics has become the issue of liability for damage caused by defects in goods.
Harmonisation in this area manifested itself through the introduction of Directive 85/374/EEC into law. This liability was to be borne by the manufacturer of the product or whoever presents himself as the manufacturer, the producer of the raw material or of the parts, the importer into the Union and, in the alternative, the supplier of the product. It was to be independent of the producer’s fault, although the producer could exempt himself from liability by showing that, at the time the product was placed on the market, the state of scientific and technical knowledge was not such as to enable the defect to be detected. In some simplification, it can be said that a manufacturer is liable if he has placed the product on the market, the defect already existed at that point in time and the product was manufactured or distributed by him for a commercial purpose or in the course of his business.
A new breakthrough area is AI liability – the Council is working on a directive known by its working title: the Artificial Intelligence Liability Directive:
The AI Liability Directive aims to make it easier to assert one’s rights in court. The piece of legislation aims to equip national courts with the power to oblige a defendant, at the request of a plaintiff, to order the disclosure of evidence relating to a particular artificial intelligence system alleged to have caused harm. The condition for exercising the power is that the plaintiff has first made such a request to the person subject to the provider’s or user’s obligations and received a negative response. The final form of the directive is still awaited.
In the face of global challenges, such as transnational organised crime, the need for harmonised standards in criminal law is emerging. For Poland, which is included in the European Union, it is becoming a priority to apply laws to general standards, particularly with regard to combating corruption, cybercrime and fighting organised crime. Examples of this are available in the Polish Criminal Code, the Polish Code of Criminal Procedure and cooperation during the execution of the European Arrest Warrant (EAW), which enable the implementation of the principles. However, the final consistency with the concluded guidelines, are a corollary of actions that include basic principles of the Polish legal system, such as the protection of individual rights and the principle of proportionality when imposing penalties.
Then, the second panel topic was: Equality as a Foundation for Cooperation between EU Member States and the EU.
The principle of equality, which is a fundamental pillar of EU law, is not only enshrined in EU treaties such as the Treaty on the Functioning of the European Union but also developed in detail in the case law of the Court of Justice of the European Union (CJEU). In the context of Polish law, the principle has been implemented, inter alia, in the article 32 Constitution of the Republic of Poland, which ensures equality before the law for all and prohibits discrimination from accessibility. Added, in national settings such as the Labour Code or the Equal Treatment Act, it is applied for utilitarian purposes, e.g. regarding gender equality in residence (Directive 2006/54/EC). Polish courts, including the Supreme Court, are increasingly referring to CJEU rulings, such as the Defrenne vs Sabena equal dignity case, to ensure compliance with uniform law. Nonetheless, full implementation of the principles of equality in Poland requires such measures, in which information on institutions monitoring discrimination is available.
Equality in the Polish constitutional order is one of the most important principles on which social relations, the state-human relationship, are based and provides the basis for the functioning of the centres of judicial power.
Literally it reads:
All persons shall be equal before the law. All persons shall have the right to equal treatment by public authorities. No one shall be discriminated against in political, social or economic life for any reason whatsoever.
The principle of equality in the wording of Article 32 of the Constitution is a general principle, i.e. lex generalis. It is universal in relation to the other constituted norms in the Basic Law relating to concretised equality. In the jurisprudence of the Constitutional Court, it is one of the fundamental values of a democratic state under the rule of law.
In the normative constitutional view expressed in the content of Article 32(1) of the Basic Law, we find a de facto reference that ‘All are equal before the law. All are entitled to equal treatment by public authorities’. This provision is doctrinally understood to mean the equality of all, i.e. both natural and legal persons.
However, it cannot be said to be a mathematical equality – everyone equally. It is not an arbitrarily expressed norm. It is not a premise of unequal treatment or discrimination. The Court pointed out in one of its judgments: the principle of equality is respected when every citizen can become an addressee of any of the norms granting a specific civil right. From the point of view of the principle of equality, it is therefore impermissible to differentiate between citizens on the basis of such criteria that lead to closed categories of citizens with a different legal status. The essence of this norm is the conclusion: the legislator is obliged to enact laws in such a way that they do not contradict the principle of equality
Equality in the context of cooperation in civil matters refers to regulations that ensure uniform treatment of individuals regardless of their nationality.
Cooperation in this area is crucial to maintaining consistency among the legal systems of the EU Member States, particularly in cross-border civil cases where individuals from different countries must operate under uniform standards.
Civil cooperation within the EU is based on regulations that protect citizens’ rights| and ensure fair and transparent procedures. Examples of regulations that uphold equality in civil matters include: Regulation (EU) 2019/1111: This document is a key element of legal cooperation among member states in family matters. It governs the recognition and enforcement of judicial decisions in marital cases; European Payment Order: A simplified judicial procedure enabling quick and effective recovery of monetary claims in cross-border cases without initiating lengthy court proceedings in individual Member States; Rome I (one) and Rome II Regulations: These unify the rules on the choice of applicable law in civil and commercial disputes, preventing one party from being privileged based on the jurisdiction where proceedings take place.
Thanks to these regulations, parties involved in disputes are ensured equal conditions, regardless of which member state handles the case.
Equality is a key principle of cooperation in criminal matters in the European Union, embedded in the area of freedom, security and justice. It means that EU citizens, regardless of their country, are treated equally and have the same access to justice. The European Arrest Warrant (EAW) is an example of the application of the principle of equality in practice, introduced in 2002, it is a key tool of judicial cooperation in criminal matters in the European Union. Its main objective is the swift and effective transfer of persons suspected or convicted in one Member State to another where they are to be tried or serve their sentence. Equality is also found in the European Investigation Order (EIO), which enables criminal investigative activities to be carried out across the EU. This tool ensures a uniform standard of evidence collection, regardless of which country it is obtained in. In this way, all parties to the proceedings – defendants, witnesses as well as victims – are guaranteed equal treatment and respect for their rights. These tools are based on the principle of mutual recognition of judicial decisions between Member States. This helps to overcome differences in legal systems and ensures consistent application of the law within the EU. Equality in this cooperation strengthens trust and ensures that every EU citizen has the same rights and obligations, regardless of borders.
The event was an excellent opportunity to exchange views on the development of European integration in the perspective of legal developments and the challenges of the modern world.
The event was organised within the framework of the Equality in an Ever-Integrating Europe research group of the Central European Academy’s Central European Professors’ Network.
