scholarly journals Rzeczpospolita Polska a współczesne wyzwania (globalnego) terroryzmu. Przyczynek do zrozumienia relacji terroryzmu, polityki i (edukacji dla) bezpieczeństwa

2021 ◽  
Vol 19 (1) ◽  
pp. 161-189
Author(s):  
Zbigniew Małysz

This article is a combination of reporting and analysis, constituting a relatively innovative approach in the scientific literature. It combines a report on a science-topical conference with the author’s attempt to weigh up and analyse the 16 years (as of 2017 – Z.M.) of the “war on terror” in terms of security (both external and internal) and the Republic of Poland’s raison d’état with particular emphasis on what are termed “contemporary challenges and threats”, dynamically occurring in the so-called “broad security environment” (in the perspective of Central and Eastern Europevs. the EU and NATO) (see: Summary and Conclusions). The author has used his own holistic analytical-synthetic and predictive method in accordance with the analytical paradigm proposed by Col. dr hab. Mirosław Banasik (Ph.D.), professor at UJK (Jan Kochanowski University in Kielce, Poland) (2018 – see especially: p. 13).

In this issue of the Contemporary Military Challenges, we focus on the relations between the European Union and NATO in the field of security. On 1 June 2021, NATO Foreign Ministers met in Brussels to discuss the details of the NATO Summit to be held on 14 June 2021 in Brussels, Belgium; the period, which coincides with the publication of this thematic issue. Twenty foreign ministers represented NATO member states, which are also EU members, making an event such as the NATO summit all the more important for the future of European security. Many topics were mentioned at the ministerial, such as Afghanistan, Belarus, Russia and China. In general, however, the emphasis was put on the fact that NATO should adapt to new challenges, security settings in a highly competitive environment. As mentioned by NATO Secretary General Jens Stoltenberg, we are presented with a number of challenges to our security that we need to tackle together, because no country and no continent can deal with them alone. This includes strengthening the existing partnerships and building new ones, including in the Asia-Pacific, Africa, and Latin America. The participants also discussed the stepping up of training and capability building for partners, as well as work to address the security impact of climate change. In the conclusion, the ministers broadly agreed that it was important to start work on NATO's next Strategic Concept, because our strategic environment has significantly changed since 2010. Secretary General underlined that NATO’s future adaptation would require Allies to continue investing in defence, and to invest more together, as a force multiplier and a strong message of unity and resolve. During Donald Trump’s mandate as President of the United States, the fact that the European Union or its Member States pay too little attention and thus resources for their own defence has often been a hot topic of political debate. In 2016, a year before the US President Trump took office, the European Union adopted a Global Strategy which envisaged several options to strengthen the Common Security and Defence Policy, which we will discuss in further detail in the next issue of the Contemporary Security Challenges. The Global Strategy provided that the European Defence Fund, the Permanent Structured Cooperation, the Coordinated Annual Review on Defence, and other existing and new mechanisms would operate in such a way that activities, resources and capabilities would not duplicate with NATO’s, but would complement each other. True enough that, within the Common Security and Defence Policy, the European Union has already foreseen many activities at its meetings and in the adopted documents in terms of strengthening this policy, but later implemented little. Has anything changed in this area in the past four years, or will perhaps something change at the time of the conference on the European future? Just as the Alliance is planning a new strategic concept, the European Union is announcing a Strategic Compass, which will set new directions for future cooperation, also in the field of security. In this issue, the authors present how the cooperation between the European Union and NATO is taking place in 2021 in some areas of security. The article titled EU-NATO cooperation and the Slovenian presidency of the Council of the European Union by Marko Mahnič presents an interesting thesis on whether obstacles to the coherent functioning of the European Union and North Atlantic Treaty Organization in the field of common security and defence are of a purely technical nature, or are there maybe differences in the policies, bilateral relations and national ambitions of certain countries. Damjan Štrucl writes about the EU-NATO partnership and ensuring information security and cybersecurity: theory and practice. According to him, the development of information and communication technology and new challenges of the modern security environment have led to the signing of the Joint Declaration on deepening the strategic partnership between both organizations in 2016. The author provides an analysis of the EU-NATO strategic partnership in ensuring security and defence in the modern security environment. Defence initiatives to strengthen the security of the European Union motivated Gregor Garb to write an article presenting what the 2016 European Union Global Strategy contributed to the EU’s strategic defence autonomy. Initially, in a theoretical sense, and after five years in a practical sense. All of course, given the fact that the European Union will continue to maintain strong relations and cooperation with the North Atlantic Alliance. David Humar and Nina Raduha present the process of creating the Military Strategy of the Republic of Slovenia in the Slovenian Armed Forces. Changes in the international environment have initiated security-related strategic considerations of NATO and the European Union. Slovenia as a member of both organizations also needs a strategic consideration in both military and security fields. Their article provides more details about the The process of devising the Military Strategy of the Republic of Slovenia. Tackling irregular migration in Europe is a topic addressed by Miklós Böröcz. Ever since 2015, the then mass illegal migration has posed a major problem for Europe and the European Union. The mass refugee crisis has gradually transformed into illegal migrations of individuals and small groups, who have maintained and strengthened contact with everybody along the way, who take part in this and ensure that the migration flow with of illegal character does not subside. The author provides some solutions to this problem.


2012 ◽  
Vol 5 (2) ◽  
pp. 65-80
Author(s):  
Andrius Puksas

ABSTRACT This article analyses the practice of horizontal agreement assessment in accordance with its impact on competition. The following research is based on analysis of scientific literature, current provisions of European Union and national legal acts, as well as official positions of the European Commission (hereinafter - EC) and national authorities. The current inconsistent practice of horizontal agreement assessment within the EU creates space for multiple interpretations. It is important to emphasize that the assessment rules provided in legal acts are, by their nature, only guidelines. More flexibility, but also more obscurity, in the assessment process bring with it the possibility for institutions to independently set priorities (for instance ‘priority rule’ in Lithuanian legislation, i.e. in the Articles 18.2.3. and 24.2.8 of the Law on Competition of the Republic of Lithuania, Official Gazette, 2012, no. 42-2041). The article analyses current regulation of horizontal agreement assessments in accordance with minor impact on competition.


2020 ◽  
Vol 16 (2) ◽  
pp. 225-250
Author(s):  
Vladimir A. Gutorov ◽  
◽  
Valeriu Mosneaga ◽  
Tatiana Turco ◽  
◽  
...  

The article analyzes the visa-free regime of the Republic of Moldova within the framework of the CIS and the European Union. The main steps towards achieving the visa-free regime are reviewed. The authors investigate the process of implementing the visa-free regime with the European Union as a recent success of the Republic of Moldova. At the same time, the authors identify the positive and negative effects that accompany the introduction of the Republic of Moldova — European Union visa-free regime. A comparative analysis with other post-Soviet countries that have also obtained the visa-free regime (Georgia and Ukraine) is conducted. The authors note that a visa- free regime is an important tool that allows the EU to regulate relations with third countries. This regime provides important benefits for citizens and strengthens social, cultural, and economic ties between the EU and its partners. At the same time, the visa-free regime holds it responsible for maintaining the progress achieved in the framework of the visa liberalization dialogues and for ensuring a well-managed migration and security environment. The article makes wide use of statistical and sociological data as well as analytical and empirical materials.


2016 ◽  
Vol 22 (2) ◽  
pp. 358-362
Author(s):  
Nikolay Marin

Abstract Since 2011 a sustainable growth of illegal immigrants in the EU has been observed. As a result, Bulgaria has become one of the most affected member states of the EU. This article aims to research the main factors, resulted from the illegal immigration, which are changing the national security environment in Bulgaria. This paper is focused on the improvement of legal and political mechanisms for cooperation between the EU member states, coming from the Common asylum and immigration policy and building of the Area of Freedom, Security and Justice in the EU.


2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.


2014 ◽  
Vol 7 (2) ◽  
pp. 209-226 ◽  
Author(s):  
Inga Daukšienė ◽  
Arvydas Budnikas

ABSTRACT This article analyzes the purpose of the action for failure to act under article 265 of the Treaty on the Functioning of the European Union (TFEU). The statements are derived from the analysis of scientific literature, relevant legislation, practice of the European Union Court of Justice (CJEU) and the European Union General Court (EUGC). Useful information has also been obtained from the opinions of general advocates of the CJEU. The article of TFEU 265, which governs the action for failure to act, is very abstract. For this reason, a whole procedure under the article 265 TFEU was developed by the EU courts. The original purpose of the action for failure to act was to constitute whether European Union (EU) institution properly fulfilled its obligations under the EU legislation. However, in the course of case-law, a mere EU institution’s express refusal to fulfill its duties became sufficient to constitute that the EU institution acted and therefore action for failure to act became devoid of purpose. This article analyzes whether the action for failure to act has lost its purpose and become an ineffective legal remedy in the system of judicial review in the EU. Additionally, the action for failure to act is compared to similar national actions.


Author(s):  
Ivan Yakovyuk ◽  
Suzanna Asiryan ◽  
Anastasiya Lazurenko

Problem setting. On October 7, 2021, the Constitutional Tribunal of the Republic of Poland ruled in favor of Polish law over European Union law, which in the long run may violate the principles according to which the Union operates and the rights enjoyed by citizens of the state. Such a precedent can further serve as a basis for identical decisions of the bodies of constitutional jurisdiction of those states that have problems in fulfilling their obligations in the European community. Analysis of recent researches and publications. The problems of the functioning of the bodies of the European Union, the implementation of their decisions and the general status in EU law are widely studied in national science. In particular, many scholars have studied the legal nature of the EU, including: TM Anakina, VI Muravyov, NM Ushakov, A. Ya. Kapustina, NA Korolyova, Yu. Yumashev, BN Topornin, OYa Tragniuk, SS Seliverstov, IV Yakovyuk and others. Target of research is to establish the foundations of EU law in the functioning of Union bodies, especially the Court, as well as to determine the hierarchy of national law and EU law. Article’s main body. Over the years, the Court has, within its jurisdiction, issued a large number of judgments which have become the source of the Union’s Constituent Treaties and of EU law in general. Over the last two decades, the powers of the Court of Justice have changed significantly. In particular, this is due to the adoption of the Lisbon Treaty, which amended the EU’s founding treaties on the powers of the Court, then the reform of the European Court took place in 2015-2016, which concerned a change in the organizational structure of the Court. Despite the generally well-established case law of the Court of Justice of the European Union on the unification of the observance by the Member States of the basic principles of the European Union, the Constitutional Tribunal of the Republic of Poland adopted a decision on 7 October. Conclusions and prospects for the development. Following the decision of the Constitutional Court, the Polish authorities found themselves in a situation that significantly complicated its internal and external situation. The way out of which requires answers to fundamental questions about the legal nature of the EU. Undoubtedly, this is an issue not only between Poland and the EU, but also between other member states.


2021 ◽  
pp. 91-106
Author(s):  
Anna Magdalena Kosińska

The analyzed ruling is the first judgement which the Court of Justice passed in order to provide interpretationfor the new Student Directive (2016/801 of 11 May 2016 on the conditions of entry and residence ofthird-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemesor educational projects and au pairing). Due to its judiciary activism, the Court was able to find a connectionbetween the case pending before a national court and EU law in the case of M.A. In the end, the Court finallydecided that in the case at issue, regarding the rights of a foreign national to apply for a residence permit for thepurpose of enrolling in second-cycle studies programme in Poland, the procedure of applying for a long-stay visaon the grounds of national law must be safeguarded by the guarantees under Article 47 of the Charter of FundamentalRights. The guarantees apply to the actual states in which EU law is applicable – in this case the “StudentDirective.” It seems that the ruling in the case of M.A. will play a crucial role in facilitating students’ – TCNs’ – entryinto the territory of the Republic of Poland, while the Polish legislator, in all probability, will be obliged to changethe provisions of the national law in such a way as to make it possible for future students to access a full array oflegal remedies against the negative decisions of consuls.


2020 ◽  
pp. 002201832097753
Author(s):  
Gemma Davies ◽  
Paul Arnell

The Republic of Ireland and the United Kingdom have a long, close and difficult history. The most recent phase of which dates from 1998 and the conclusion of the Good Friday Agreement. Since 1921, however, there has been unique practice between Ireland and the UK as regards the transfer of accused and convicted persons from one to the other. Indeed, there has been a special and close relationship between the two in that regard; albeit one not without difficulties. In recent times EU Justice and Home Affairs measures and the Good Friday Agreement have supplemented and strengthened the relationship. These include, since January 2004, the European Arrest Warrant (EAW). The EAW has been particularly important in streamlining the extradition process between the Ireland and the UK. This phase of history and co-operation is coming to an end. The UK’s membership of the EU has now ceased, and a transition period during which the UK remains part of the EAW will end on 31st December 2020. The extradition relationship between the two is therefore facing a considerable challenge. There are several options open to Ireland, the UK and the EU as a replacement. Time, political will and the interests of third states, however, may well stand in the way of the conclusion of an agreement that optimally serves the interests of all parties and criminal justice. This paper considers the origins of extradition between the UK and Ireland and the alternative methods of extradition open to the UK and Ireland after Brexit. Consideration is given to the likely operation of a Norway-Iceland style agreement and whether such an agreement will be in place by the end of the transition and, if it was, whether its terms are likely to be sufficient for the needs of Ireland and the UK. The possibility of a bilateral arrangement on extradition between Ireland and the UK is also explored. Underlying the discussion is the critical point that the future extradition relationship must retain its ‘special’ characteristics, and therefore maintain the trust and good will that has developed over the years and given rise to an effective extradition relationship between the two countries. In other words, the lessons of history must be remembered.


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