scholarly journals Performance of tasks related to state security in the European Union conditions by the President of the Republic of Poland

2021 ◽  
pp. 65-75
Author(s):  
Waldemar Tomaszewski
Keyword(s):  
European Union ◽  
The European Union ◽  
Institutional Conditions ◽  
State Security ◽  
The Subject ◽  
The Republic

The subject of the article is to consider the theoretical and practical possibilities of the President of the Republic of Poland to perform his constitutional tasks in the area of state security. The presented analysis takes into account the legal and institutional conditions resulting from Poland’s membership in the European Union.

scholarly journals Metafora w służbie polityki. Aleksander Kwaśniewski o wstąpieniu Polski do NATO i akcesji do Unii Europejskiej

2021 ◽  
Vol 28 (2) ◽  
pp. 393-413
Author(s):  
Magdalena Wołoszyn
Keyword(s):  
European Union ◽  
North Atlantic ◽  
The European Union ◽  
The North ◽  
Head Of State ◽  
The World ◽  
The Subject ◽  
The North Atlantic ◽  
The Republic

The aim of the article is to analyse selected metaphors used by the President of the Republic of Poland, Aleksander Kwaśniewski, in public appearances during his presidency in from 1995 to 2005. The subject of interest are public appearances in which A. Kwaśniewski talked about the preparation and accession of Poland to one of the most prestigious organisations in the world – the North Atlantic Alliance (NATO) in 1999 and the European Union (EU) in 2004. The author analyses selected metaphors (including: HOME, ROAD, FAMILY), regarding Poland’s accession to these structures, which were used by the president in his speeches. The author discusses how A. Kwaśniewski, who was then the head of state, used metaphors to present his attitude towards the issue of Poland’s integration with North Atlantic Alliance and accession to the European Union and what vision of Poland’s presence in these structures he had.

scholarly journals Instruments and Methods for Identifying Indicators of a Digital Entrepreneurial System

Mathematics ◽  
2021 ◽  
Vol 9 (17) ◽  
pp. 2151
Author(s):  
Jelena Raut ◽  
Đorđe Ćelić ◽  
Branislav Dudić ◽  
Jelena Ćulibrk ◽  
Darko Stefanović
Keyword(s):  
European Union ◽  
Growth And Development ◽  
Digital Economy ◽  
The European Union ◽  
Successful Management ◽  
Member States ◽  
Starting Point ◽  
Main Driver ◽  
The Subject ◽  
The Republic

Entrepreneurial ecosystems are the main driver of the widespread trend of digitalization, and they open opportunities for the advancement of the digital economy. The digital economy makes its progress through innovative enterprises that can ensure global progress. In order to effectively use the opportunities that open up the process of digitalization, information is needed on how much the Republic of Serbia is able to support the process of discovering entrepreneurship, which is stimulated by digitalization, which is the subject of this paper. The aim of this paper is to analyze the digital entrepreneurial system of the Republic of Serbia, as well as to identify indicators that hinder the development of this system, using appropriate instruments and methods that will be presented in detail in the paper. The results have demonstrated that the starting point for improvement of the digital entrepreneurial system is in the field of finance, with a particular focus on companies in the startup and stand-up phases. Furthermore, a comparative analysis will showcase the digital entrepreneurial system of the Republic of Serbia and the member states of the European Union, where it will be seen that the digital entrepreneurial system of the Republic of Serbia is lagging behind the member states of the European Union in its growth and development. The results will serve as the starting point for policymakers to improve the process of digitalization and the digital entrepreneurial system as a whole. The results show the starting point for the improvement of entrepreneurship in the Republic of Serbia, that is, how small, and medium-sized enterprises can be encouraged on the path to their successful management.

scholarly journals Control of the Constitutionality of European Union Law by Means of Constitutional Complaints

2021 ◽  
Vol 47 (4) ◽  
pp. 189-205
Author(s):  
Ilona Grądzka
Keyword(s):  
European Union ◽  
European Integration ◽  
Great Influence ◽  
The European Union ◽  
Constitutional Courts ◽  
European Union Law ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Subject ◽  
The Republic

The subject of this article is the institution of the constitutional complaint, which is analysed in connection with European integration. It should be noted that Poland’s membership of the European Union has had a great influence, not only on the system of national law, but also on the jurisprudence of the Polish Constitutional Tribunal; therefore considerations are carried out here mainly in relation to the Constitutional Tribunal.            In examining the issue of the constitutional complaint, the following assumptions may be stated. First, the constitutional-complaint procedure, is in fact, the examination of the compliance of legal norms with the Constitution, any deviation being related to the entities initiating proceedings before the Constitutional Tribunal, Article 191(1)(6), of the Constitution[1], and to the material scope of the complaint, as determined in Article 79 of the Constitution. Second, there is no doubt that the constitutional complaint can become an important legal instrument shaping the jurisprudence of the Polish Constitutional Tribunal, which has to face constitutional issues related to European integration[2]. Following the example of the practice of other Member States, e.g. Germany, the Tribunal may use the institution of the constitutional complaint as a means of controlling the compliance of the secondary law of the European Union with the Constitution of the Republic of Poland.   [1] The Constitution of the Republic of Poland, Journal of 2 April 1997, Journal of Law 1997, No. 78, item 483, as amended. [2] The literature on the subject indicates that the membership of nation States of the European Union obliges constitutional courts to act in the field of integration. Their task is to set the boundaries and conditions for the integration process. Jurisprudence in this area is referred to as acquis constitutionnel. Cf. Aleksandra Kustra, “Model skargi konstytucyjnej jako czynnik kształtujący orzecznictwo sądów konstytucyjnych w sprawach związanych z członkostwem państwa w Unii Europejskiej,” Państwo i Prawo, no. 3 (2015): 35.

scholarly journals INTERNATIONALIZATION OF RETAIL – COMPARATIVE ANALYSIS OF CROATIA AND SERBIA

2017 ◽  
pp. 007
Author(s):  
Svetlana Sokolov Mladenović ◽  
Đorđe Ćuzović
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
World Market ◽  
Turn Of The Century ◽  
The European Union ◽  
The World ◽  
The Subject ◽  
The Republic ◽  
Selection Of ◽  
The Way

Globalization and integration of the world market leads to internationalization of retail and overall trade. At the turn of the century, internationalization has become a widespread retail phenomenon. Thus, it has become a permanent and inevitable process. Internationalization of trade, especially retail, covers a large number of countries, but with varying intensity. The subject of this work is the achieved level of internationalization of trade, especially retail, on the markets of the Republic of Croatia and the Republic of Serbia. Arguments for the selection of these countries are numerous. One of them is the fact that both countries originated from the former Yugoslav federation. At the same time, Croatia is the newest member of the European Union (as of 1 July 2013), and Serbia signed the Stabilization and Association Process, and is on the way of opening membership negotiations. For these reasons, Croatian experience can serve Serbia as a landmark in the implementation of activities in the segment of trade and its internationalization. The paper aims at mapping Serbian activities in the process of further internationalization of retail.

scholarly journals Neka pitanja u vezi sa Ustavom Srbije / Some Issues Related to the Constitution of Serbia

2016 ◽  
Vol 6 (6) ◽  
pp. 165
Author(s):  
Oliver Nikolić
Keyword(s):  
European Union ◽  
Political Elite ◽  
The Political ◽  
Constitutional Rights ◽  
The European Union ◽  
General Consensus ◽  
The Subject ◽  
Firm Commitment ◽  
The Republic ◽  
Sharp Criticism

The Constitution of the Republic of Serbia from 2006. has been the subject of sharp criticism of many legal experts. The way it was written, adopted and approved in the referendum, for sure it can’t be a praiseworthy example of legality and, with some of its controversial solutions, it inevitably indicates the necessity to be altered. These problematic Constitutional provisions are the subject of this article. Starting from the very preamble of the Constitution, unnecessarily discriminating position between the autonomous provinces, politicizing and the non-coexistence of the Constitutional text could be clearly observed. The Constitutional attack on the freedom of parliamentary mandate has been causing constant and numerous criticism of domestic and foreign public but at no time it did not make most of the parties hesitate to use their unfairly acquired right. Decentralization always causes a live debate, proposing various models and modalities, but only few of them could be possibly finalized by a general consensus. Serbian firm commitment to become a member of the European Union, at one point calls for a constitutional revision which would transfer the execution of certain part of sovereign rights to that supra-national organization. We could only hope that the political elite will not use any future reform to violate guaranteed constitutional rights, as was the case with the reform of the judiciary. Amending the Constitution has been always a difficult and time consuming process, hence the sooner the amending starts, the more likely are the chances to have it completed in democratic and tolerant atmosphere for the benefit of all citizens of Serbia.

Obywatele Unii Europejskiej – wyborcy Parlamentu Europejskiego – parlamentu ponadnarodowego

2016 ◽  
Vol 14 (3) ◽  
pp. 147-162
Author(s):  
Stefan Marek Grochalski
Keyword(s):  
European Union ◽  
Subject Matter ◽  
European Parliament ◽  
Legal Regulations ◽  
The European Union ◽  
Democratic State ◽  
The Subject ◽  
Direct Elections

Parliament – an institution of a democratic state – a member of the Union – is not only an authority but also, as in the case of the European Union, the only directly and universally elected representative body of the European Union. The article presents questions related to the essence of parliament and that of a supranational parliament which are vital while dealing with the subject matter. It proves that the growth of the European Parliament’s powers was the direct reason for departing from the system of delegating representatives to the Parliament for the benefit of direct elections. It presents direct and universal elections to the European Parliament in the context of presenting legal regulations applicable in this respect. It describes a new legal category – citizenship of the European Union – primarily in terms of active and passive suffrage to the European Parliament, as a political entitlement of a citizen of the European Union.

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.

Legal conflict between the EU and the republic of Poland regarding polish judicial reform

2021 ◽  
Author(s):  
Ivan Yakovyuk ◽  
Suzanna Asiryan ◽  
Anastasiya Lazurenko
Keyword(s):  
European Union ◽  
Judicial Reform ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Legal Nature ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Eu

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.

Freiheit der Advokatur

2021 ◽  
Author(s):  
Philipp Heinrichs
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Selection Procedure ◽  
Federal Court ◽  
The European Union ◽  
Court Of Justice ◽  
German Constitution ◽  
Federal Court Of Justice ◽  
The Subject

Since the abolishment of singular admission to the higher regional courts in 2000, the judiciary has been asking itself the question whether singular admission to the Federal Court of Justice is compatible with the German Constitution and the laws of the European Union. In particular, the non-transparent selection procedure was and is the trigger of controversial discussions and the subject of legal disputes. The work questions the conformity of singular admission to the Federal Court of Justice with the German Constitution and considers the selection procedure to be without transparency, comprehensibility and rule of law.

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