scholarly journals Pandemics in Cyberspace – Empire in Search of a Sovereign?

2021 ◽  
Vol 14 (1) ◽  
pp. 103-123
Author(s):  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
Social Issues ◽  
National Level ◽  
Comparative Law ◽  
The State ◽  
State Sovereignty ◽  
The European Union ◽  
The People ◽  
Post Modernism ◽  
Legal Sanctions ◽  
The Eu

Abstract Traditionally, the idea of a sovereign is being connected either with an absolutist ruler (later replaced by “the people”) at the national level, or the nation-state at the international level – at least in the conditions of the Westphalian system created in 1648. Today, on the contrary, we are witnessing a “post-” situation in many respects – post-modernism, post-positivism, but also post-statism – basically being a sort of return to the pre-Westphalian system (see Ondrej Hamuľák, “Lessons from the ‘Constitutional Mythology’ or How to Reconcile the Concept of State Sovereignty with European Integration,” DANUBE: Law, Economics and Social Issues Review Vol. 6, No. 2 (2015); or Danuta Kabat-Rudnicka, “Autonomy or Sovereignty: the Case of the European Union,” International and Comparative Law Review Vol. 20, No. 2 (2020)). However, paternalistic views, prevailing especially in times of crisis and uncertainty, desperately search for a sovereign to lead us from the crises. With regard to cyberattacks and insecurity in the cyberspace this means an effort to subordinate cyberspace to state sovereignty. Still, given the limitations of traditional state-based monopolies of power and legislation, the state as an “analogue sovereign” shrinks in the digital cyberspace rather to a co-sovereign, co-ordinator, or in feudal terms a “senior” vis-à-vis their vassals. The actual ensuring of the tasks of state as a “digital sovereign” is namely often being entrusted to non-state (essentially private-owned) entities, under the threat of legal sanctions. The current situation of constructing “digital sovereignty” of traditional states or of the EU is thus marked by the necessity of cooperation between the state power and those non-state entities which are falling under its analogue jurisdiction.

scholarly journals Formation and implementation of the State Policy in the sphere of European integration of Ukraine: problems and contradictions

2019 ◽  
pp. 90-96
Author(s):  
Valerii Rieznikov
Keyword(s):  
European Integration ◽  
Public Administration ◽  
State Policy ◽  
Social Issues ◽  
The State ◽  
Successful Implementation ◽  
The European Union ◽  
Administration System ◽  
Ukrainian Society ◽  
The Eu

The purpose of the article is to identify the problems and contradictions of the state policy in the sphere of European integration of Ukraine and to justify the ways of overcoming them in the current conditions. The main internal problem that hinders the European integration course of Ukraine, experts consider, first of all, inefficiency of the public administration system – insufficient level of competence of civil servants, excessive bureaucracy, unreformed and corrupt public administration system. The top five major internal problems also include: the situation in the Donbas (including both armed conflict and public sentiment), high levels of corruption in Ukrainian society, ineffective policy of informing the population about European integration, lack of consensus in the political and social issues. The opinion that aggression, pressure and all-out hindrance from Russia will be a major external challenge for Ukraine’s European course, is shared by all experts interviewed. Among the major external obstacles, experts also cite internal problems of the EU itself, opposition or waiting position on the part of some EU members who do not want to break their ties with Russia, as well as the lack of a unified position in the European Union regarding the European perspective of Ukraine and the EU enlargement in general. Experts consider that the most effective factor contributing to the increase of the support of European integration in Ukrainian society is the successful implementation of internal reforms and the positive effect of ordinary citizens on them. In today’s context, Ukraine’s accession to the EU remains a goal for which it is active in political, legal, economic and other spheres. Conclusions from this research and perspectives of future development in current area. At the present stage of social development the process of forming and implementing effective and effective state policy in the field of European integration is of particular importance. Ukraine’s accession to the EU is a long-term issue, which depends on both the effectiveness of internal reforms and the transformation processes in the EU. However, Ukraine already needs to insist on giving it a formal EU membership perspective.

scholarly journals New Challenges for European Comparative Law: The Judicial Reception of EU Non-Discrimination Law and a turn to a Multi-layered Culturally-informed Comparative Law Method for a better Understanding of the EU Harmonization

2017 ◽  
Vol 18 (3) ◽  
pp. 721-770 ◽  
Author(s):  
Jule Mulder
Keyword(s):  
National Level ◽  
Comparative Law ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
National Courts ◽  
Culturally Informed ◽  
Harmonization Process ◽  
Legal Harmonization ◽  
The Eu

This article argues that comparative law needs to explore its critical potential when engaging with the European harmonization process and its effects on the law of the Member States. In the first part, the article evaluates existing comparative law methods and their suitability to identify legal and cultural factors that influence the judicial reception of EU harmonized law on a national level. Using EU non-discrimination law as a case study, it questions to what extent traditional methods are suitable to explain differences in the national judicial reception of EU harmonized law, despite the exclusive competence of the Court of Justice of the European Union to interpret EU law. In doing so, it considers the potential of critical comparative law for the development of a deeper understanding of the national courts' reception of EU harmonized law as a key part of the broader legal harmonization process. In the second part, the article develops an original multi-layered culturally informed method to compare EU harmonized law. The proposal goes beyond the existing methods of comparative law by including critical aspects and stressing the relevance of embedding a general normative framework in any comparative critique. It challenges comparatists to reach deeply into national cultural spheres and to identify key influences on the application of EU rules and EU-national legal ‘hybrids’. The method creates room for multi-layered narratives of comparison aimed at gaining a deeper understanding of the national legal and non-legal cultural background that can hinder or facilitate harmonization processes. This enriched comparative critique can offer new insights into the process of legal harmonization in the EU, particularly by focusing on the point of application rather than the previous phases of creation of EU law and its reception by Member States.

Russia - European Union: The continuation ofthe sanctions standoff

2017 ◽  
pp. 114-127
Author(s):  
M. Klinova ◽  
E. Sidorova
Keyword(s):  
European Union ◽  
Economic Recession ◽  
Economic Sanctions ◽  
Current Data ◽  
The State ◽  
The European Union ◽  
The Impact ◽  
The Eu ◽  
Year 2013

The article deals with economic sanctions and their impact on the state and prospects of the neighboring partner economies - the European Union (EU) and Russia. It provides comparisons of current data with that of the year 2013 (before sanctions) to demonstrate the impact of sanctions on both sides. Despite the fact that Russia remains the EU’s key partner, it came out of the first three partners of the EU. The current economic recession is caused by different reasons, not only by sanctions. Both the EU and Russia have internal problems, which the sanctions confrontation only exacerbates. The article emphasizes the need for a speedy restoration of cooperation.

European experience in transition to circular economy

2020 ◽  
Vol 19 (4) ◽  
pp. 598-617 ◽  
Author(s):  
S.V. Ratner
Keyword(s):  
European Union ◽  
Circular Economy ◽  
Raw Materials ◽  
Action Plan ◽  
National Level ◽  
The European Union ◽  
Scientific Methods ◽  
European Experience ◽  
General Scientific ◽  
The Eu

Subject. The article considers the concept of circular economy, which has originated relatively recently in the academic literature, and is now increasingly recognized in many countries at the national level. In the European Union, the transition to circular economy is viewed as an opportunity to improve competitiveness of the European Union, protect businesses from resource shortages and fluctuating prices for raw materials and supplies, and a way to increase employment and innovation. Objectives. The aim of the study is to analyze the incentives developed by the European Commission for moving to circular economy, and to assess their effectiveness on the basis of statistical analysis. Methods. I employ general scientific methods of research. Results. The analysis of the EU Action Plan for the Circular Economy enabled to conclude that the results of the recent research in circular economy barriers, eco-innovation, technology and infrastructure were successfully integrated into the framework of this document. Understanding the root causes holding back the circular economy development and the balanced combination of economic and administrative incentives strengthened the Action Plan, and it contributed to the circular economy development in the EU. Conclusions. The measures to stimulate the development of the circular economy proposed in the European Action Plan can be viewed as a prototype for designing similar strategies in other countries, including Russia. Meanwhile, a more detailed analysis of barriers to the circular economy at the level of individual countries and regions is needed.

The state of democracy in the European Union in scenarios: federation, empire and Europe à la carte

2016 ◽  
pp. 90-108
Author(s):  
Marta Witkowska
Keyword(s):  
European Union ◽  
Reference Point ◽  
The State ◽  
The European Union ◽  
Scenario Development ◽  
Normative Approach ◽  
Norms And Values ◽  
The Subject ◽  
The Eu ◽  
A La Carte

The aim of the article is to present possible scenarios on maintaining democracy in the EU, while assuming different hypothetical directions in which it could develop as a federation, empire and Europe à la carte. Selected mechanisms, norms and values of the EU system that are crucial for the functioning of democracy in the European Union are the subject of this research. The abovementioned objective of scenario development is achieved through distinguishing the notions of policy, politics and polity in the research. In the analysis of the state of democracy in the European Union both the process (politics) and the normative approach (policy) have been adopted. The characterised norms, structures, values and democratic procedures in force in the EU will become a reference point for the projected scenarios. The projection refers to a situation when the existing polity transforms into a federation, empire or Europe à la carte. The article is to serve as a projection and is a part of a wider discussion on the future of the basis on which the European Union is build.

The Development of Slovenia in the European Union: Social Aspects

2017 ◽  
pp. 102-108
Author(s):  
Iryna Butyrska
Keyword(s):  
Negative Impact ◽  
The State ◽  
Political Regime ◽  
The European Union ◽  
National Unity ◽  
Social Sphere ◽  
Regime Stability ◽  
Number Of Factors ◽  
The Common ◽  
The Eu

The author proves that the successful stability of independent Slovenia contributed to a number of factors, existing since its being incorporated in the SFRY. The factor, uniting the state has become the common goal – the aspiration to join the EU. The process of the European integration contributed to the modernization of a number of spheres, in particular social, cultural and economic ones. The global financial and economic crisis has revealed the turmoil in the economy of the state and its leadership was forced to gradually reduce a significant part of social privileges for the population. This caused the tension in the society and reduced the level of the national unity, having a negative impact on people’s wellbeing. However, since 2014, the Prime Minister M. Cherar has been trying to restore people’s trust in the state. The situation is getting better; indicators of trust in government are increasing, which also points to state capacity and political regime stability in Slovenia. Keywords: Slovenia, state stability, social sphere, government

Core of State Sovereignty and Boundaries of European Union's Identity in the Lissabon – Urteil

2010 ◽  
Vol 11 (4) ◽  
pp. 399-418
Author(s):  
Elisabetta Lanza
Keyword(s):  
European Union ◽  
State Sovereignty ◽  
Constitutional Court ◽  
The European Union ◽  
Member States ◽  
Treaty Of Lisbon ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional ◽  
The Eu

In the 2009 judgment dealing with the Treaty of Lisbon, the German Federal Constitutional Court urges to modify a domestic statute in order to guarantee the rights of the internal rule-making power and also provides a reasoning on the role of the European Union (EU) as an international organization, the principle of sovereignty and the relations between European Institutions and Bodies and the EU Member States. According to the German Court the Treaty of Lisbon does not transform the European Union into a Federal State (Staatsverband), but into a Confederation of States (Staatenverbund). In spite of the 1993 landmark judgment, the so-called “Maastricht Urteil”, the Court steps forward and focuses also the subject-matters that necessarily have to pertain to the Member States jurisdiction, the so-called “domain reserve”. The German Federal Constitutional Court decision on the Lisbon Treaty arouses the reflection on the core of State sovereignty and on the boundaries of the EU legal system and focuses on the force of the right to vote of every citizen, the basis of democracy.Furthermore, the decision of the German Federal Constitutional Court highlights the well-known issue of the EU's identity and the balancing between EU democracy and Member State sovereignty. In the light of the German Constitutional Court statements, the present work aims to understand which could be actually the EU's identity and how could be approached “democratic deficit” of the EU.

Polish Approach to Sharing Resources Deployable for the EU Civil Protection Mechanism

2021 ◽  
Vol 13 (1) ◽  
pp. 143-158
Author(s):  
Tomasz Zwęgliński
Keyword(s):  
Emergency Response ◽  
Forest Fires ◽  
International System ◽  
National Level ◽  
Civil Protection ◽  
The European Union ◽  
Internal Security ◽  
Protection Mechanism ◽  
European Dimension ◽  
The Eu

Poles are highly aware of the fact that Polish civil protection assets are being deployed abroad in order to assist other disaster- and crisis-stricken countries around the world. Such a type of urgent assistance provided from one country to another in an emergency response situation is regulated and organised by the European Union. Poland, as a state participating in the EU international system, is very active in sharing its civil protection assets, such as in the Beirut explosion case in Lebanon (2020), and during forest fires in Sweden (2018). Using its civil protection resources to assist other countries poses a question on the potential influence of such activities on the homeland’s internal security. Solving the problem has to be preceded by answering the following question — How is the process of international civil protection deployment organised in Poland? Responding to this question required utilising such methods as a review and analysis of literature sources on the European dimension of civil protection, EU legal regulations, statistics, reports as well as Polish standard operating procedures and internal regulations on the national level and was the key method applied in the research. Furthermore, semi-formal interviews with Polish and EU experts were done. The findings prove that operational planning in the researched area is well organised, which significantly diminishes the identified risk for internal security.

Understanding the Crisis Symptoms of Representative Democracy: The New European Economic Governance and France's ‘Political Crisis’

2018 ◽  
Vol 18 (1) ◽  
pp. 119-131
Author(s):  
Julia Lux
Keyword(s):  
National Level ◽  
Representative Democracy ◽  
Political Crisis ◽  
Economic Governance ◽  
The European Union ◽  
Left Wing ◽  
Discursive Space ◽  
New Economic Governance ◽  
Political Economic ◽  
The Eu

This article will investigate the ‘political crisis’ in France (Amable, 2017) to highlight two aspects often set aside in public and academic discussions: 1) the technocratic, neoliberal character of the European Union (EU) that limits democratic debate about political economic issues and 2) the socio-economic context the parties operate in. Using this perspective, I add to the debate on the inherent theoretical/conceptual tension between representative democracy and populism (Taggart, 2002) by showing how the ‘new economic governance’ increases the democratic problems of the EU by limiting the discursive space. Representative liberal democracy has particularly marginalised anti-capitalism at EU and national level. My analysis shows that the EU's discursive strategies are aligned to those of governing parties and the employers’ association. Left-wing actors and the Front National (FN) oppose the EU's discourse not necessarily for reasons of sovereignty but for political reasons concerning the politico-economic trajectory of France.

scholarly journals Climate Change in the Western Balkans and Eu Green Deal – Coherence, Challenges, and Perspective

2021 ◽  
Author(s):  
Sandi Knez ◽  
Snežana Štrbac ◽  
Iztok Podbregar
Keyword(s):  
Climate Change ◽  
The State ◽  
Policy Recommendations ◽  
The European Union ◽  
Western Balkans ◽  
Net Zero ◽  
Average Annual Temperature ◽  
Level Of Economic Development ◽  
The Eu

Abstract Background: The European Commission (EC), based on the European Green Deal (2019) and the Recovery plan for Europe (2021) envisages investing 30% of the budget in climate-related programs, projects, and initiatives, which clearly shows Europe's commitment to becoming the first climate-neutral region by 2050. Activities are also planned for countries that are not members of the European Union (EU), which requires complex changes in the field of legislation, strategic planning, implementation, and monitoring. To successfully plan short-term and long-term activities on these grounds, it is necessary to have a realistic picture of the state of climate change in each country - as they spill over into the entire region of Europe. The main objective of this paper is to present the state of climate change in six Western Balkans countries, of which only Croatia is a member of the EU, for the needs of planning activities and initial harmonization with the EU plan to reaching net-zero greenhouse gas emissions (GHG) by 2050. Results: The main results of the research show that in all countries of the region, the average annual temperature increased by 1.2 °C compared to 1970, with stabilization and the beginning of the decline which can be expected around 2040. The main reasons for climate change in the region are: industry, energy, and heating sector based on coal exploitation, low energy efficiency, etc. Conclusions: It can be concluded that all countries of the Western Balkans have adopted (or are in the process of adopting) the necessary regulations and strategies towards climate change mitigation, but the implementation of specific activities is at a low level. The reasons for this most often lies in the insufficient commitment of decision-makers to make significant changes in the field of climate change transition (lower level of economic development, lack of investment, preservation of social peace). Finally, the paper provides an overview of climate change by country, scenario analysis, and policy recommendations.

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