K otázce pozitivního a "nadpozitivního" práva

Author(s): Jan Spáčil / Language(s): Czech Issue: 3/1996

The article discusses the relationship between positive law and natural law, focusing on the concepts of constitutive power (pouvoir constituant) and constituted power (pouvoir constitué). It explores the idea that positive law, which is codified and enforced, is subordinate to natural law, which is seen as superior and fundamental. The author critiques the notion that natural law only becomes valid when it is codified into positive law, arguing instead that natural law should guide and correct positive law. The discussion includes references to various legal scholars and their views on the matter, emphasizing the complexity of integrating natural law into the legal system. The article also touches on the political implications of these legal theories, particularly in the context of democratic governance and the sovereignty of the people. The author concludes that while positive law is essential for order, it must be aligned with the higher principles of natural law to ensure justice and legitimacy.

Civil-law aspects of carrying out an economic activity by persons with disabilities who do not have full capacity to perform acts in law

Author(s): Katarzyna Malinowska-Woźniak / Language(s): English Issue: 48 (2)/2024

The aim of this paper is to present civil-law aspects of carrying out an economic activity by persons with disabilities who do not have full capacity to perform acts in law. Key to this discussion was a hypothesis that persons with disabilities who do not have full capacity to perform acts in law may de lege lata carry out an economic activity. In the course of the analysis, relevant provisions of the Civil Code, Family and Guardianship Code, the Code of Civil Procedure, the Act on the Central Register and Information on Economic Activity and the Entrepreneurs Act are analysed using the method of investigation of the law in force. The analysis also covers proposals for legislative changes included in the draft act on amending certain acts to improve the legal and institutional environment for entrepreneurs. The research yields the following conclusions. Natural persons who do not have full capacity to perform acts in law may carry out an economic activity in their own name, though they perform acts associated with their activity with the participation of a statutory representative. Persons with limited capacity to perform acts in law may perform certain actions related to their business activity on their own. The taking up of an economic activity and other important matters related to economic activity require consent of the family and guardianship court. Introduction of legislative changes that involve clarification of principles of taking up and running an economic activity by persons who do not have full capacity to perform acts in law seems valid. Legislative proposals presented in the draft law of 13 April 2023 are insufficient and flawed, though the direction of changes must be recognized as correct.

The importance of selected units of the public finances sector in the Polish legal order in the context of the right to protection of health – analysis of selected issues.

Author(s): Bartosz Namieciński,Dominika Trzeszczoń / Language(s): English Issue: 48 (2)/2024

The right to health care is one of the fundamental human rights and due to its nature is vested in every man. This subject matter is especially important in the Republic of Poland as it is touches an important sphere of public units’ activity. Public funds and units of the public finances sector are both involved in the implementation of the right to health care. A health care activity may take different forms, not limited solely to the area of public life. Nevertheless, public entities play a leading role in this regards: independent public healthcare establishments and public sector units are the most important entities that operate a health care activity in Poland. This is why it needs to be recognized that the right to health care and the protection of public finances are closely interrelated. As a consequence, finances spent on health care must be allocated in an ear-marked and economical fashion as it has an impact on the stability of public finances. Relevant regulations correlate with social interest so understood and with constitutional values. This study employs mostly the method of investigation of the law in force and an analytical research method. The analysis covered legislative acts and judicial decisions. The authors also review relevant opinions of legal scholars and commentators with a particular focus on the commentary from Polish financial law writers. The aim of the conducted research is to identify the constitutional foundations of healthcare system funding in Poland. In pursuing this goal, the authors also verify financial and systemic solutions related to the constitutional right to healthcare.

The Sports Act vis-a-vis integration of athletes with disabilities

Author(s): Jakub Zwierzchowski,Joanna Sobiecka / Language(s): English Issue: 48 (2)/2024

In the past, sports activity mainly served as a means of rehabilitation for persons with disabilities (PWDs), leading to sports’ organizational structures to be limited primarily to athletes with disabilities (AWDs). Today, given the professionalization of adaptive sports, sports activity may also be a source of income. This, however, brings implications for forming adequate organizational structures that ensure achievement of best sports results and integration. Integration of PWDs is a process aimed at including them in the community life of persons with disabilities and opening the circles of able-bodied persons to PWDs. Given the above, in 2010 the Sports Act started to move away from the discriminating division between sports for “the able-bodied” and for “persons with disabilities”. At the moment, AWDs are subject to the same regulations as other athletes and efforts are made to involve them in competitive sports on the same terms and within the same organizational structures. The aim of this study is to see if the adopted model of organizational structures in professional (Olympic and Paralympic) has significance for the sense of integration from the perspective of AWDs. To answer this question, provisions of the Sports Act that regulate the creation of Polish sports associations (PSAs) are analysed. Results of the analysis are juxtaposed with empirical research used for expert opinions for the Ministry of Sports and Tourism, which covered 613 Paralympic athletes. Sociological, including statistical, methods are used for the analysis of empirical research. The study employs the method of investigation of the law in force to analyse provisions of the Sports Act, relying on rulings of administrative courts and legislative materials. In the light of opinions of AWDs affiliated in PSAs dedicated to training both able-bodied athletes and AWDs, different opinions are observed on the sense of integration in sports when compared with opinions of AWDs affiliated in associations dedicated solely to training AWDs. Even though the Sports Act does not have a direct and literal proof for PSA’s integrational character, interpretation of provisions by administrative authorities and their application by courts suggests otherwise. Therefore, it can be concluded that legislative changes regarding the model of PSAs, which organizes competition for both able-bodied and AWDs brings positive results in terms of integration.

Ogólnopolska konferencja naukowa „Prawne determinanty funkcjonowania jednostek systemu oświaty – bezpieczeństwo uczniów” Szczecin, 19 września 2023 roku

Author(s): Dominika Skoczylas,Mariusz Dubojski / Language(s): Polish Issue: 48 (2)/2024

Network Analysis of Disinformation Actors During COVID-19 Pandemics and Beyond: The Case of Czech Facebook

Author(s): Robin Burda,Josef Procházka / Language(s): English Issue: 1/2024

Disinformation has been on the rise in recent years. Especially Central and Eastern Europe felt this in the form of Russian hybrid campaigns aiming to destabilize democratic governments and whole societies. Despite the apparent threat, there is a considerable research gap regarding the disinformation scene in the Czech Republic, particularly during the COVID-19 pandemic and after the Russian invasion of Ukraine. This article aimed to cover this gap by conducting a social network analysis of the Czech disinformation scene on Facebook from the beginning of the pandemic on March 11, 2020, until August 2023. The final dataset contained more than 6,000 posts, resulting in a network of 3,822 actors and 7,255 interactions. The analysis showed a high interconnectedness of the analyzed network and confirmed the crucial role of politicians and other public figures in spreading disinformation in the Czech Republic. Furthermore, a “disinformation spillover” from Slovakia to Czechia was observed, pointing out the interconnected disinformation scene in the two countries.

Paramilitary Forces, Domestic Politics and Conflict: A Case of the Sudan Crisis

Author(s): Beatrice Onamu,Israel Nyadera / Language(s): English Issue: 1/2024

What is the threat posed by paramilitary groups on the state? This paper seeks to examine the role and impact of paramilitary forces on domestic politics and how their involvement results in political (in)stability. It examines how the interplay between the Rapid Support Forces, a paramilitary force in Sudan and the Sudan Armed Forces has resulted in a humanitarian crisis since the overthrow of Omar Al Bashir's government in 2019. The authors argue that the formation of paramilitary groups is aimed at protecting the government from internal and external threats, yet these paramilitary groups can shift or withdraw their loyalty to the political leadership. Such a shift the paper finds creates a high potential for confrontation between the paramilitary forces and regular forces leaving the citizens vulnerable to mass atrocities and war crimes. The paper begins by examining the origin, spread and activities of militia groups globally and at the regional level before examining the concept of paramilitary forces. The authors then look at Sudan’s historical and contemporary experiences with paramilitary groups before discussing the recent crisis between the regular forces and the paramilitary force in Sudan. They find that the preferential treatment of paramilitary forces influences their actions during a crisis.

Fiasko reformy polityki imigracyjnej, kontroli granic zewnętrznych oraz polityki azylowej Unii Europejskiej w latach 2015-2020

Author(s): Janusz Józef Węc / Language(s): Polish Issue: 87/2023

The primary research objective of the article is to evaluate the reform of the immigration, external border control and asylum policy of the European Union between 2015 and 2020. The author formulates two research hypotheses. The first is based on the assumption that the legislative packages presented by the European Commission in 2015-2016 and then in 2018 have almost completely failed. The second hypothesis is that the idea of establishing a permanent resettlement mechanism as a means to overcome the migration crisis in the Union in 2015-2016 and address the future migration challenges of the EU has generally failed. Instead, the EU’s temporary resettlement mechanisms in place between 2015 and 2017 and the 1:1 resettlement mechanism between the EU and Turkey introduced in 2016 have worked well. The author then formulates two research questions: firstly, why have the legislative acts of the European Commission largely failed?; and secondly, why has the temporary relocation of asylum seekers in the EU generally been successful?

The Fight Against Poverty in China – Situation, Challenges and Prospects

Author(s): Teodora Peneva / Language(s): English Issue: 1/2024

In 2021, China eradicated extreme poverty (US$ 1.90 per person per day) and set a new poverty target line of $ 2.15 per day per person, adopted in the medium term, and $ 6.8 in the long term. This corresponds the World Bank’ change in statistics from September 2022, which imposed a line of $ 2.15 for all countries in the world. After the adoption of a new poverty target line, China began to work with new groups outside the rural areas, which also includes the migrant working poor in small towns and on the outskirts of large cities. Poverty-tackling tools are also beginning to evolve from chronic poverty to a more diverse toolkit that covers a wider range of risks. This article includes an analysis of policies, challenges and prospects in the fight against poverty in China.

Партньорството между Китай и Международния валутен фонд в борбата с геоикономическата фрагментация

Author(s): Mariana Tian,Nadezhda Vateva / Language(s): Bulgarian Issue: 1/2024

After several decades of increasing global economic integration, the world has entered a state of geo-economic fragmentation. European and global supply chains must adapt to the new realities. A series of overlapping shocks are leading to a “dangerous divide” in the global economy, and this article will attempt to outline China’s response to these challenges. The subject of analysis is the relations between China and the International Monetary Fund and their cooperation for the purpose of fighting against the growing crisis.

Chinese Investments in the Balkans Through the Prism of the Belt and Road Initiative

Author(s): Izabela Lazova / Language(s): English Issue: 1/2024

The article examines Chinese government investments in some of the countries of the Balkan Peninsula and how they affect local economies. The purpose of the research is to trace to what extent the countries of the Balkan Peninsula cooperate with the People‘s Republic of China following the „One Belt, One Road“ initiative. The main methods used are the analysis of publications and documents and the processing of statistical data on the subject. The main methods used are the analysis of publications and documents and the processing of statistical data on the subject. Infrastructure projects that improve the connectivity of the Balkans and are part of the planned transport corridors connecting the Mediterranean to Western Europe, as well as investments in industrial production and the extractive industry, were examined.

Assessing the benefits of European integration: a comparative and algorithmic approach

Author(s): Sara Casagrande,Bruno Dallago / Language(s): English Issue: 1/2024

This article investigates the economic consequences of EU membership for the countries that established the EU in 1992. The Synthetic Control method is used in the frame of an algorithmic methodology that aims to guide the choice of donor pool countries and predictors by testing different combinations. The algorithm allows to judge the appropriateness of the research design by computing a set of synthetic countries able to improve the performance of the benchmark case (i.e., a synthetic country computed using an initial large basket of donor pool units and predictors). According to the results, the algorithm has been able to improve the counterfactual scenarios' precision and robustness for all tested countries. It shows that the economic effect of the EU membership has significantly varied among countries. Results suggest that the European integration process has not prevented persistent divergence and heterogeneity of growth paths among member countries.

Wspomnienie o profesorze Grzegorzu Rdzanku (1973-2023)

Author(s): Aleksandra Kusztal / Language(s): Polish Issue: 1/2024

Women Networking in the V4 : How a Three-day Seminar in Prague Enhanced Women’s Involvement in Foreign Policy

Author(s): Kristína Gerová / Language(s): English Issue: 2/2024

The three-day seminar "Women in European Politics" held in Prague in March 2024 brought together over 35 women from the Visegrad Four (V4) region, focusing on enhancing women's involvement in foreign policy. Organized by the Association for International Issues (AMO) and co-organized by various regional institutions, the event aimed to motivate women in Central Europe to engage more in shaping foreign policy. The seminar featured workshops, discussions, and networking opportunities with experts and professionals from the diplomatic environment. Key topics included communication skills, self-presentation, and the under-representation of women in high-level positions. The event highlighted the importance of creating long-term networks and platforms for women in foreign policy. Participants shared experiences and best practices to improve women's representation and influence in this field. The seminar also addressed the historical and institutional barriers women face in diplomacy and the need for sustainable policy changes. The event concluded with a final debate on future cooperation and strategies to enhance women's visibility in diplomacy.

System emerytalny w Izraelu - przegląd rozwiązań

Author(s): Sylwester Białowąs,Meirav Aharoni Ben Simhon / Language(s): English Issue: 1/2022

Pension systems differ substantially: countries have diverse economies and populations, and distinctive ideological characteristics, they differ in their welfare, economic ideology, and their citizens’ propensity to save. This paper reviews the Israeli pension system, and its past, present, and future challenges. It describes the changes from the first regulations by the Histadrut Union from the “pre-state period”, the privatization reforms of 1985 which excluded Histadrut from the healthcare and pension systems, the stabilization of the system in 1995, the later government involvement including Old Age Insurance (based on age and number of insurance years), and the application of the mandatory pension law in 2008. The Israeli pension system relies mainly on mandatory private retirement savings, which will moderate the long-term fiscal impact. Given the important role played by private pension schemes and the regressive nature of some of its tax provisions, the main reform challenge was the system's ability to effectively protect the elderly, and its efficiency in securing and valuing retirement savings to guarantee pension adequacy. Ensuring pension adequacy and addressing longevity risks requires appropriate preparation by promoting a further rise in senior employment rates, reinforcing the protective role of basic pensions and the efficiency of the management of private retirement savings, and improving the fairness and effectiveness of the system’s second pillar. The study includes the author’s assessments and reflects on the implications of the highlighted changes, which adds to the discussion on the pros and cons of pension system structures.

INTELLIGENCE FUNCTIONS OF COMMUNICATIVE DIMENSIONS IN THE SARS-COV2 PANDEMIC -TOWARDS COLLECTIVE INTELLIGENCE WITH MEDINT?

Author(s): Liuva Capezzani / Language(s): English Issue: 2/2024

The aim of this study is to illustrate some of the strengths and weaknesses of three main communicative dimensions that have served intelligence functions in the interest of national security during the Sars-Cov2 pandemic crisis. The selected communicative dimensions relate to the American intelligence dissemination process, the Italian epidemic intelligence coordination and the public communication, within the specific framework of crisis state governance. The information was gathered mainly from OSINT sources, while ITS analysis followed both a deductive and an inductive approach. Highlights show that MEDINT could benefit from collective intelligence in the future. In the context of a global pandemic crisis, this raises two further key questions: Should intelligence include its own communicative dimension, in addition to information, within its boundaries of interest and surveillance? And, would it benefit from appropriate training and revision of the division between intelligence reporting and policy advice? The topic is relevant for monitoring the balance between the dimension of secrecy and the dimension of transparency, both of which concern the intelligence services, both in terms of national security and in terms of the participatory democratic state in which the intelligence services operate in Italy, starting from the Italian reform of Law 124/2007.

USE OF MEDICAL TOOLS IN GAINING VITAL INTELLIGENCE FOR NATIONAL SECURITY PURPOSES

Author(s): Rene Kanayama / Language(s): English Issue: 2/2024

The definition of Medical Intelligence is by all accounts a broad and complex scientific task that needs to encompass wider ramifications of using medical and biological data to advance national security interests. The paper focuses on examples of using the medical discipline in the form of an exhaustive collection of medical data in order to arrive at very specific results significant in the pursuit of national security or political stability, albeit only from the point of view of a particular actor – the state. The three representative cases are illustrated to arrive at a fundamental understanding of how the medical data – intelligence – can be used if the medical environment is burdened by the imperative to further strategic state-devised objectives. In the organization of a fictitious inoculation campaign in rural Pakistan by the Central Intelligence Agency in 2011 to track down the whereabouts of Osama bin Ladin through mapping the DNA pattern of purported bin Ladin’s relatives, the state actor focused specifically on collection of human biological samples while deploying covert tactics – both disregarding the purported motive of the “health campaign” as well as executing the operation on the foreign soil. In another example, perceiving the potential uncontrolled population growth as a direct threat to both vital national interests, as well as the country’s public image, Uzbekistan, on the state level, has engaged in mass forced sterilization programs to curb the national birth rate. In a similar perception, the treatment of the rare disease of leprosy in Uzbekistan historically encompassed methods incompatible with medical ethics and basic human rights. The precedents will be examined as part of the wider discourse on what constitutes Medical Intelligence, and what is permissible within the framework of national security concerns.

MEDICAL INTELLIGENCE IN COUNTER-INSURGENCY (COIN) AND COUNTER-TERRORIST (CT) OPERATIONS

Author(s): Richard Warnes,Mark Harrison / Language(s): English Issue: 2/2024

Medical intelligence (MEDINT) is now regarded as critically important across a broad spectrum of security concerns. Its usual functions are either in force protection, evaluating risks to personnel at the tactical and operational levels, or, at a strategic level, in considering threats to the health and stability of nation-states. The uses of MEDINT in Counter-Terrorism (CT) and Counter-Insurgency (COIN) have received little attention except in so far as they overlap with these concerns; for example, where they involve matters of force-protection or the threat of bioterrorism. But this was not always so. In the past, information relating to health and medicine was considered crucial to the success of COIN operations, if not to domestic terrorism. By adapting some of these techniques to contemporary practice, and utilizing technologies that were not available in former times, we can use MEDINT in innovative ways to exploit the vulnerabilities of hostile groups and to isolate them from surrounding populations. This paper indicates some of the ways in which intelligence from a range of sources can be utilized to engage with communities more effectively; to anticipate the behavior of target groups/individuals; to determine their whereabouts, interactions and supply chains; and ultimately to exploit their weaknesses or dependencies. The paper is not intended as definitive but as a starting point in a conversation as to how MEDINT could or should contribute to CT and COIN operations.

INTELLIGENCE AND PUBLIC HEALTH THREATS

Author(s): Zoran Dragišić,Milica Čurčić,Mirjana Kostić / Language(s): English Issue: 2/2024

The acquisition, processing, and analysis of data about threats against public health have long been recognized as significant areas of work of intelligence operations aimed at protecting national security. Across modern states, public health has been securitized, with health facilities designated as critical infrastructure vital to national security. The organization of medical intelligence activities, particularly following the COVID-19 pandemic, has attracted the interest of experts representing a wide array of scientific disciplines. This paper attempts to highlight certain challenges inherent in establishing an intelligence community tasked with providing timely and relevant information regarding health threats, while also countering the dissemination of misinformation and alarming reports within the realm of public health.

THE MEDICAL INTELLIGENCE AND THE BIOTERRORISM

Author(s): Esther Shay / Language(s): English Issue: 2/2024

The definition of bioterrorism: "Bioterrorism refers to the intentional release of biological agents or toxins for the purpose of harming or killing humans, animals or plants with the intent to intimidate or coerce a government or civilian population to further political or social objectives."[i] The threat from bioterrorism is real, with current reports indicating that individuals, terrorist groups and criminals have both the capability and intention to use biological agents to cause harm to society. The damage caused by such an event could reach untold magnitude, causing widespread illness and death, and instilling fear and panic on a global scale. The spread of an infectious or toxic biological agent can happen without warning, while the response to a biological event, whether naturally occurring, accidental or deliberate, relies on coordination across multiple sectors. Medical intelligence (MEDINT) is a critical component in dealing with the threat of biological terrorism. The Covid-19 crisis has imposed the need for medical intelligence to adapt to the new security reality and it is clear evidence of the crucial importance of medical intelligence for prevention and minimization of the serious consequences that epidemics may have on public health and national security on all its components. Medical intelligence related to the threat of public health emergencies, including terrorism. Intelligence implies the application of the intelligence cycle in the field of medicine. It implies the collection and processing of data, assessment of data and predictions of the risks. It involves information applied to the identification, characterization, and management of a risk, as applied to both medical and nonmedical countermeasures. The article will review the threat of biological terrorism and the contribution of medical intelligence to deal with this threat.