scholarly journals Pula obserwatorów powrotów przymusowych Frontexu: geneza powstania, prawne i organizacyjne ramy funkcjonowania i rozwój działalności

2021 ◽  
Vol 47 (22 (180)) ◽  
pp. 115-137
Author(s):  
Michał Jan Żłobecki

Przyjęty w 2015 r. Europejski Program w Zakresie Migracji ujawnił potrzebę dokonania zmiany podstawy prawnej Frontexu, aby zwiększyć jego rolę w zakresie powrotów migrantów o nieuregulowanym statusie, przy jednoczesnym poszanowaniu ich podstawowych praw. Zgodnie ze znowelizowanymi przepisami wszystkie deportacje koordynowane lub organizowane przez Frontex mają być monitorowane. Jednocześnie utworzona została wewnętrzna pula obserwatorów ds. powrotów przymusowych, która pełnić miała rolę subsydiarną w stosunku do krajowych mechanizmów monitorowania deportacji. Z uwagi jednak na niską efektywność systemów krajowych, liczba przymusowych powrotów obserwowanych przez członków puli Frontexu stale wzrasta. Autor omawia genezę utworzenia puli obserwatorów, prawne i organizacyjne ramy jej funkcjonowania i rozwój działalności na przestrzeni ostatnich lat. Frontex Pool of Forced-Return Monitors: Genesis, Legal and Organisational Framework, Development Proces European Agenda on Migration presented by the Council of Europe in 2015 revealed a necessity for amendment of the Frontex Regulation, in order to enhance its role in supporting Member States with regards to forced-returns. As underlined, all operational activities of the Agency shall be applied in respect of fundamental rights. European Border and Coast Guard Regulation adopted in 2016 provided for an obligation for all of forced-return operations coordinated or organised by Frontex to be me monitored. At the same time Frontex pool of forced-return monitors was set up with this view to support national monitoring systems. Through in-depth legal analysis of binding EU laws on forced-returns the author elaborates on the genesis, legal and organisational framework as well as on the development of Frontex pool of monitors.

2018 ◽  
Vol 6 (1) ◽  
pp. 8
Author(s):  
Mohammad Ahashan ◽  
Dr. Sapna Tiwari

Man has always tried  to determine  and tamper the image of woman and especially her identity is manipulated and orchestrated. Whenever a woman is spoken of, it is always in the relation to man; she is presented as a wife , mother, daughter and even as a lover but never as a woman  a human being- a separate entity. Her entire life is idealized and her fundamental rights and especially her behaviour is engineered by the adherents of patriarchal society. Commenting  on the Man-woman relationship in a marital bond Simone de Beauvoir wrote in her epoch-making book entitled The Second Sex(1949): "It has been said that marriage diminishes man,  which is often true , but almost always it annihilates women". Feminist movement advocates the equal rights and equal opportunities for women. The true spirit of feminism is into look at women and men as human beings. There should not be gender bias or discrimination in familial and social life. To secure gender justice and gender equity is the key aspects of feminist movement. In India, women writers have come forward to voice their feminist approach to life and the patriarchal family set up. They believe that the very notion of gender is not only biotic and biologic episode but it has a social construction.


Author(s):  
Roman Zvarych ◽  
Bohdan Hryvnak

Purpose. The purpose of the work is a comprehensive theoretical and legal analysis of the main problems of the dynamics of the regulatory function of Ukrainian law in the context of European integration and international legal harmonization. Method. The following theoretical methods of scientific knowledge were used in the study: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. The scientific article highlights the process of transformation of the regulatory function of modern Ukrainian law in the context of its approximation to EU and international law. In the course of the research it was proved that in the issues of the European integration course the leading role belongs to the principles of realization of the regulatory function and regulatory influence. In particular, the implementation of the principle of the primacy of international law is for Ukraine a political and legal guarantee of stable relations with Europe and the world, as well as a legal means of protecting its legitimate interests. On the basis of the main principle of priority of norms of international law, such derivative principles of interaction of legal systems of the Council of Europe and Ukraine as: a) the principle of the rule of law should be developed; b) the principle of interconnectedness and complementarity of the law of the Council of Europe and Ukraine; c) the principles of cooperation, good faith fulfillment of obligations to the Council of Europe and the principle of mutual protection of human rights. Scientific novelty. The study found that the regulatory function of law, despite the narrowing of its scope at the domestic level and within national legal systems, has expanded its scope at the international and European levels, and especially at the level of European Union law. In this case, in the latter case, it interacts most closely with the integrative function. Practical significance. The results of the research can be useful for further general theoretical and applied research of the dynamics of the regulatory function of Ukrainian law in the context of European and international legal harmonization.


2018 ◽  
Vol 11 (4) ◽  
pp. 47 ◽  
Author(s):  
Nitaya Wongpinunwatana ◽  
Kunlaya Jantadej ◽  
Jamnong Jantachoto

The objective of this study is to investigate how to create creative thinking in students through encouraging students’ logical thinking, motivation, and collaborative learning. The study also attempts to find suitable teaching procedures for the research subject. This study is based on qualitative research. Participants were graduate students studying business research methods. The results indicate that logical thinking affects the analytical skill. This skill, in turn, affects students’ creative thinking. A model of creating creative thinking in students is proposed from the research findings. Instructors may consider using the modeling to boost creative thinking in students. In addition, the findings suggest that the main teaching processes should be as follows: Instructors should encourage students to use their logical reasoning during the conceptual framework development. Workshops on students’ research projects should be conducted so students can practice doing research. Students should make oral presentations of their projects and experts invited to comment on them. Collaborative technologies need to be introduced so that instructors and students can communicate with each other on assignments. Apart from collaborative tools, instructors can set up additional sessions after hours to allow students to discuss problems they are facing. Research classes should incorporate in the coursework three student presentations: problem statement, research proposal, and completed research report. Finally, instructors should form students into groups and establish roles for the members.


Author(s):  
Alessia Vacca

This article focuses on the comparison between European Union Law and Council of Europe Law in the field of the protection of minority languages and looks at the relationships between the two systems. The Council of Europe has been very important in the protection of minority languages, having created two treaties of particular relevance: the European Charter for Regional or Minority Languages in 1992 and the Framework Convention for the Protection of National Minorities in 1995; both treaties contain many detailed provisions relating to minority languages. Not all countries, even of the European Union, have ratified these treaties. 12 out of 27 EU countries did not ratify the European Charter for Regional or Minority Languages. The European Union supports multilingualism because it wants to achieve unity while maintaining diversity. Important steps, with respect to minority languages, were taken in the European Community, notably in the form of European Parliament Resolutions. The Charter of Fundamental Rights of the European Union, approved in Nice the 7th December 2000, contains art. 21 and art. 22 related to this topic. The Treaty of Lisbon makes a cross reference to the Charter of Fundamental Rights of the European Union which is, consequently, legally binding under the Treaty of Lisbon since December 2009. The Charter could give ground for appeal to the European Court of Justice in cases of discrimination on the grounds of language


2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Феликс Лещенков ◽  
Feliks Leshchenkov ◽  
Саяна Бальхаева ◽  
Sayana Balkhaeva ◽  
Олеся Сакаева ◽  
...  

On 1—2 of December 2015 the Institute of Legislation and Comparative Law jointly with the European Commission for Democracy through Law (Venice Commission of Council of Europe) held V International Congress of Comparative Law “Constitutional reforms in the XXI century: new horizons”. The task of international congress was to summarize existing experience of constitutional changes in the modern world, to reveal basic trends of current constitutional reforms, and to develop ways of their further progress. The Congress featured plenary meeting as well as sections (“Main trends of constitutional development in the modern world: general and special; Constitutional reforms: vectors of democratic development”; “Constitutional reforms: changes in the private sphere”) and round tables (“The role of the Council of Europe in constitutional reforms”; “Constitutional reforms in Asian-Pacific region: comparative legal analysis”; “Constitutional models in Latin America”; “Social and labor rights of citizens as a factor of constitutional stability and economic growth”. The review of scientific work of the V International Congress of Comparative Law is followed by presentation of recommendations, adopted as a result of its work.


2021 ◽  
pp. M55-2018-43 ◽  
Author(s):  
Salvatore Gambino ◽  
Pietro Armienti ◽  
Andrea Cannata ◽  
Paola Del Carlo ◽  
Gaetano Giudice ◽  
...  

AbstractMount Melbourne and Mount Rittmann are quiescent, although potentially explosive, alkaline volcanoes located 100 km apart in Northern Victoria Land quite close to three stations (Mario Zucchelli Station, Gondwana and Jang Bogo). The earliest investigations on Mount Melbourne started at the end of the 1960s; Mount Rittmann was discovered during the 1988–89 Italian campaign and knowledge of it is more limited due to the extensive ice cover. The first geophysical observations at Mount Melbourne were set up in 1988 by the Italian National Antarctic Research Programme (PNRA), which has recently funded new volcanological, geochemical and geophysical investigations on both volcanoes. Mount Melbourne and Mount Rittmann are active, and are characterized by fumaroles that are fed by volcanic fluid; their seismicity shows typical volcano signals, such as long-period events and tremor. Slow deformative phases have been recognized in the Mount Melbourne summit area. Future implementation of monitoring systems would help to improve our knowledge and enable near-real-time data to be acquired in order to track the evolution of these volcanoes. This would prove extremely useful in volcanic risk mitigation, considering that both Mount Melbourne and Mount Rittmann are potentially capable of producing major explosive activity with a possible risk to large and distant communities.


Author(s):  
Greer Steven

This chapter examines the origins, historical development, and key characteristics of the various inter-state organizations engaged in human rights activities in Europe. Having briefly described the Organization for Security and Cooperation in Europe, it examines the Council of Europe and the European Union, including the European Convention on Human Rights, the European Court of Human Rights and the EU Charter of Fundamental Rights.


1989 ◽  
Vol 10 (4) ◽  
pp. 170-174
Author(s):  
Gerald Reybrouck ◽  
Raf Mertens

In 1972 the Council of Europe, in which most of the Western European countries are represented, adopted a resolution aimed at the improvement of hospital hygiene and the promotion of the prevention of nosocomial infections. The member states were invited to take the required measures, but each country was free to implement the resolution according to its own needs and particularities. In Belgium, the first legal regulations were issued in 1974—every hospital was obliged to set up a committee for hospital hygiene.Although similar regulations were issued in most other member states. the actual infection control policies adopted can vary. This article highlights some of the particularities for Belgium.


2011 ◽  
Vol 51 (3-4) ◽  
pp. 382-408
Author(s):  
Reza Hajatpour

AbstractThis article discusses the book "Religious Government and Human Rights" (Hukūmat-i dīn-i wa huqūq-i insān) by the Shiite Grand Ayatullāh Husayn 'Alī Muntazirī (1922-2009). In this work, he explicitly tackles central issues of religious government and discusses its incongruity with human rights. He advocates the recognition of human rights along general lines, and positions himself firmly against absolutist Islamic rule, thereby undermining the concept of religious authority currently prevalent in the Islamic Republic. Muntazirī justifies these moves by applying the traditional method of jurisprudence (usūl al-fiqh), calls for re-arranging the system of how sections of the law are structured and even for the possibility of adding entirely new articles. Iğtihād for him is the renewal of jurisprudence in accordance with the Zeitgeist, with changing social conditions and with scientific discoveries. Jurisprudence, in contrast to revelation, is the work of man and can therefore be questioned and adapted in the light of the principles of reason ('aql). Muntazirī calls for a fresh review of jurisprudence based on the liberal human rights of our time. He also stresses the permanent and universal character of these natural and fundamental rights, which apply in all situations and under all conditions despite cultural and religious differences. For Muntazirī, these fundamental rights are deduced from the very essence of man's existence (insāniyat-i insān), which constitutes their only legitimate source. The roots for Muntazirī's oppositional and critical stance towards the Islamic Republic and its despotic system of rule lie first and foremost in his negative personal experiences with the system. Gradually, these gave way to a critical and more liberal concept of religion and political authority in his thought.


2014 ◽  
Vol 2014 (1) ◽  
pp. 299560
Author(s):  
Rhonda Murgatroyd ◽  
Alexis Kott ◽  
Lawrence Malizzi

The last days of August 2012 brought Hurricane Isaac's wind and water energy to south Louisiana impacting many parishes with destruction of property and leaving behind severe flooding, making response difficult in some locations. After search and rescue efforts ensuring safety of the people in the areas had been completed, surveys by boat and aircraft began to reveal impacts to wildlife from petroleum product of unknown origin. As in past natural disaster response activations, wildlife professionals expected oil impacted animal cases to remain minimal; however, there was confirmation from some response crews on site that there were in fact affected animals. Given that there was no named Responsible Parties, the United States Coast Guard (USCG), as the Federal On-Scene Coordinator (FOSC), took the lead in activation of the Oil Spill Response Organizations (OSROs) and the wildlife personnel to conduct recovery and rehabilitation efforts in coordination with the State of Louisiana. All costs associated with these activities were covered by the National Pollution Funds Center (NPFC), which is managed by the USCG as promulgated under the Oil Pollution Act of 1990 (OPA 90). Wildlife Response Services, Inc. (WRS) supported by Matrix New World Engineering, Inc. (Matrix), was mobilized on September 2, 2012 to set up a Wildlife Rehabilitation Center (Center) in Belle Chase, Louisiana. The Center was set up in the Bricor Trucking Warehouse and the team had the Center operational the morning of September 3, 2013and received its first animal in the afternoon of that same day. During the response the Louisiana Department of Wildlife and Fisheries (LDWF) was responsible for oiled wildlife recovery and transport to the Center. Over the course of the response 7 live animals were cared for, most of which were cleaned and eventually released back into the wild. The Hurricane Isaac response demonstrated the leadership of the USCG in organizing oiled wildlife recovery and rehabilitation jointly with LDWF and WRS, as well as with the OSROs. This is a model for responses to future natural disasters.


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