Poland

IV - Early Emergency Funding

Prior to 2010, loan assistance to States was made primarily via bilateral agreements (to Latvia, Hungary, Romania, 1st round of Greek loan assistance).           
The European Financial Stabilisation Mechanism (EFSM) and the European Financial Stability Facility (EFSF) are two temporary emergency funds, both resulting from the turbulent political weekend of 7-9 May 2010. On May 9, a Decision of the Representatives of the Governments of the Euro Area Member States was adopted expressing agreement on both funds.     
The EFSM is based on a ‘Council regulation establishing a European financial stabilisation mechanism’ of May 11, 2010 adopted on the basis of article 122(2) TFEU and therefore binding on all 27 member states of the EU.      
(
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:118:0001:0001:EN:PDF)
The EFSF is a special purpose vehicle created under Luxembourgish private law by the 17 member states of the Eurozone. The EFSF Framework Agreement was signed on June 7, 2010. On June 24, 2011, the Heads of State or Government of the Eurozone agreed to increase the EFSF’s scope of activity and increase its guarantee commitments.      
(
http://www.efsf.europa.eu/attachments/20111019_efsf_framework_agreement_en.pdf and http://www.efsf.europa.eu/attachments/faq_en.pdf)

Negotiation
IV.1     
What political/legal difficulties
did Poland encounter in the negotiation of the EFSF and the EFSM, in particular in relation to (budgetary) sovereignty, constitutional law, socio-economic fundamental rights, and the budgetary process?

The Secretary of State in the Ministry of Foreign Affairs stated only that Poland welcomed “with satisfaction” the establishment of the EFSM.[1]

Entry into force 
IV.2     
Article 1(1) EFSF Framework Agreement provides that it will enter into force if sufficient Eurozone member states have concluded all procedures necessary under their respective national laws to ensure that their obligations shall come into immediate force and effect and provided written confirmation of this. What does this procedure look like in Poland and in what way does it involve Parliament?

Not relevant for Poland.

Guarantees
IV.3     
Member states are obliged to issue Guarantees under the EFSF. What procedure was used for this in Poland? What debates have arisen during this procedure, in particular in relation to the implications of the guarantees for (budgetary) sovereignty, constitutional law
, socio-economic fundamental rights, and the budgetary process?

Not relevant for Poland.

Activation problems  
IV.4     
What political/legal difficulties
did Poland encounter during the national procedures related to the entry into force of the EFSF Framework Agreement and/or the issuance and increase of guarantees?

Not relevant for Poland.

Case law      
IV.5     
Is there a (constitutional) court judgment about the EFSM or EFSF in Poland?

Not relevant for Poland.

Implementation
IV.6     
What is the role of Parliament in the application of the EFSF, for example with regard to decisions on aid packages (Loan Facility Agreement and Memorandum of Understanding) and the disbursement of tranches, both of which need unanimous approval by the so-called Guarantors, i.e. the Eurozone member states?

Not relevant for Poland.

Implementing problems     
IV.7
What political/legal difficulties
did Poland encounter in the application of the EFSF?

Not relevant for Poland.

Bilateral support      
IV.8     
In case Poland participated in providing funding on a bilateral basis to other EU Member States during the crisis, what relevant Parliamentary debates or legal issues have arisen?

Not relevant for Poland.

Miscellaneous
IV.9     
What other information is relevant with regard to Poland and the EFSM/EFSF?

Not relevant for Poland.

[1] Sprawozdanie Stenograficzne z 76. Posiedzenie Sejmu VI kadencji, 21.10.2010, p.192 http://orka2.sejm.gov.pl/StenoInter6.nsf/0/5E5E100F92D3025EC12577C3007E37F9/$file/76_b_ksiazka.pdf.

 

[1]  Sprawozdanie Stenograficzne z 76. Posiedzenie Sejmu VI kadencji, 21.10.2010, p.192 http://orka2.sejm.gov.pl/StenoInter6.nsf/0/5E5E100F92D3025EC12577C3007E37F9/$file/76_b_ksiazka.pdf.