Opinia prawna na temat Traktatu o stabilności, koordynacji i zarządzaniu w Unii Gospodarczej i Walutowej

The subject of the opinion is the Treaty, including the relationship thereof with other documents devoted to economic management in the European Union (EU). In the author’s opinion, the scope of the subject matter of the Treaty is not a part of the exclusive competencies of the EU. However, the use by the Member States of the so-called Schengen method while concluding the Treaty violates the principle of loyal co-operation. This principle also constitutes an obstacle to the participation of EU institutions in the process of the application of the Treaty, the use by the parties of the rule of the so-called reversed qualified majority and the settlement by the European Court of Justice of disputes between the Member States being parties to the Treaty.