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Empowering EU Law Enforcement: Teaching Security Risk Analysis With the Frontex Common Integrated Risk Analysis Model (CIRAM)

Author(s): Anastasios-Nikolaos KANELLOPOULOS / Language(s): English Issue: 2/2023

The security landscape of the European Union (EU) is in constant flux, shaped by a myriad of complex, cross border threats. To safeguard their citizens and protect vital institutions, EU law enforcement agencies require enhanced capabilities in security risk analysis. This paper highlights the critical importance of teaching security risk analysis, with a specific focus on the Frontex Common Integrated Risk Analysis Model (CIRAM), in fortifying the capacities of EU law enforcement. Originally crafted to address EU border security challenges, CIRAM offers a universal framework for assessing security risks and vulnerabilities systematically. It encompasses threat identification, vulnerability assessment, and the estimation of potential security incident consequences. Teaching EU law enforcement agencies the principles and applications of CIRAM empowers them to tackle both region-specific security challenges and encourages collaboration among EU member states. The research methodology of this paper combines academic literature and the author’s practical expertise. It conducts a comprehensive review of existing academic and official literature about CIRAM, laying the theoretical foundation for the study. Furthermore, the author’s certified risk analyst trainer status with Frontex provides unique insights into the practical aspects of CIRAM, offering a holistic understanding of its utilisation in training EU law enforcement personnel and its application in real-world operational scenarios. This dual-pronged approach ensures a well-rounded exploration of CIRAM’s role in enhancing security risk analysis for EU law enforcement, providing valuable insights for policymakers, practitioners, and trainers.

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FINANSIRANJE AGRARNE POLITIKE U SRBIJI I USAGLAŠAVANJE SA ZAJEDNIČKOM AGRARNOM POLITIKOM EVROPSKE UNIJE

Author(s): Milica Stanković,Tiana Anđelković,Gordana Mrdak,Suzana Stojković,Vladimir Kostić / Language(s): Serbian Issue: 1/2023

Agriculture is one of the most important economic branches. Previously, the aim of the agricultural policy was to provide sufficient food for all inhabitants. However, today, thanks to the application of innovations in agriculture, there is enough food for everyone, but it is not properly distributed in all parts of the world. Many people still do not have the basic conditions for a healthy life. The goal of modern agricultural policy is to provide high-quality, health-safe food to everyone in the world, and to reduce food waste while preserving biodiversity and protecting the environment. The importance of agriculture as an economic branch in Serbia is extremely large, considering the geopolitical position of Serbia, favorable climatic conditions, and quality arable land. Serbia is still not a member of the European Union, and to become one, it is necessary to harmonize all laws and regulations. The largest part of the work is precisely around agricultural policy, given that more than a third of all laws and regulations are related to the Common Agricultural Policy [CAP]. Serbian agriculture, as well as other economic branches, have not yet reached the standards defined by the European Union. Therefore, it is very important that the Serbian regulations are harmonized with the European Union regulations, because only in this way there can be faster development of agriculture and other economic branches. The topic of this paper will be the financing of the agricultural policy in Serbia in relation to the financing of the agricultural policy of the countries of the European Union. There will be more talk about how and from which sources Serbian agriculture is financed, but also about the help that the European Union provides to Serbia and other countries that are candidates for membership in the European Union. Given that the financing of the European Union's agricultural policy is based on two pillars - direct payments and market interventions and financing of rural development, this paper will show to what extent the financing of Serbian agriculture is in line with the financing of agriculture in the European Union. It will be pointed out how funds in the agricultural budget are allocated to measures related to market interventions, but also to rural development measures. As the imperatives of modern agricultural policy are the preservation of biodiversity, environmental protection, better living standards of the agricultural population, development of infrastructure in rural areas, the conclusion is that more attention is paid to the second pillar of the agricultural policy of the European Union, which is the financing of rural development. However, even in the European Union, more than 50% of the agricultural budget is directed to the financing of the first pillar, market interventions. In Serbia, this trend is even more pronounced, so more attention should be paid to the financing of rural development.

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Mechanisms for Control of the Executive by the Bundestag

Author(s): Joanna Juchniewicz / Language(s): English Issue: 64/2024

One of the functions of the representative body, alongside the legislative function, is the control function. It is a very important element of parliamentary-cabinet rule, and the way it is carried out, the instruments of scrutiny and the possibility for opposition factions in particular to use them are one of the pillars of a democratic state. Among the control mechanisms found in German law, are, among others, discharge, committees of enquiry, big and small questions, and questions to the government. The wide range of scrutiny instruments and the procedural arrangements that allow opposition representatives to use them enable the Bundestag, committees and members of the legislature to exercise effective scrutiny of the federal government’s activities.

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Deputies as Subjects of Parliamentary Accountability – Means of Action

Author(s): Anna Młynarska-Sobaczewska,Jacek Zaleśny / Language(s): English Issue: 64/2024

The article presents the most important issues in the accountability relationship between MPs and governments and their members. The various instruments of accountability at the disposal of MPs are comparatively identified and characterised. On this basis, the article argues that MPs have the instrumentality to hold the government and its agendas to account. They have tools at their disposal to obtain information on specific events concerning governments and their agencies, individual policies pursued by governments and their agencies, as well as the overall activities of governments.

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EU Association Agreement with Ukraine and Unrecognized Territories

Author(s): Nataliia Mushak,Viktor Muraviov / Language(s): English Issue: 64/2024

The focus of this article is a legal analysis of the status of Crimea and the so-called Donetsk People’s Republic (DPR) and Luhansk People’s Republic (LPR) that are parts of the Ukrainian territory that was annexed and separated as a result of the Russian invasion. The authors state that Russia brutally violated the principles and norms of international law and that Russia’s military invasion has been condemned strongly by the international community. Moreover, international sanctions have been introduced against Russia and these territories. Russia’s annexation of Crimea and the unrecognized status of the so-called DPR and LPR largely determines the effects of the Association Agreement (AA) between the EU and Ukraine regarding these territories. The formation of a free trade area stipulated in the AA cannot cover Crimea or the so-called DPR and LPR. These territories and their populations cannot enjoy to the full extent the preferences obtained by Ukraine after the AA came into force. Ukrainian legislation concerning the legal status of Crimea and the so-called DPR and LPR is also analyzed in detail.

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Protection of Personal Data Processed in Artificial Intelligence Systems

Author(s): Maria Jędrzejczak / Language(s): English Issue: 64/2024

The text undertakes an analysis of European Union regulations on the prevention of data protection breaches in AI systems, taking into account the provisions of the General Data Protection Regulation (GDPR) and the draft AI Act. Legal guarantees for the protection of personal data processed in AI systems are sought in the general principles of the GDPR (in particular the principles of lawfulness, transparency, data minimisation and confidentiality) and the regulations on liability for data breaches. The conclusions of the analysis indicate that the implementation of the solutions contained in the current and proposed regulations may be hampered by the autonomy of some AI systems.

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On the Road to Electoral Democracy? Erosion of the Free and Fair Elections Standard in the Era of the Polish Constitutional Crisis after 2015

Author(s): Michał Mistygacz / Language(s): English Issue: 64/2024

which can be described as a democratic system devoid of liberal values. It is characterised by restrictions on freedom of association, freedom of speech and academic freedom, electoral distortions, unequal access of representative political parties to the public media and judicial guarantees related to the electoral process.

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The Object Protected by the Criminalization of Insult to a Human Corpse in Polish Law

Author(s): Michał Najman / Language(s): English Issue: 64/2024

The insult of a human corpse is one of the oldest crimes. The guarantee of the inviolability of a human body after death, as well as the cult of the deceased are considered a precursors of religious faith. In the early periods of social development, the protection of corpses and burial sites stemmed from the prevailing religious beliefs among community members. Hence, in legal orders, it was religion, religious feelings, worship of the deceased, and others that were the main objects protected by the criminalization of insulting a corpse. To date, such a position remains popular and widely accepted. However, with the progress of civilization, more attention is beginning to be paid to the fact that the legal protection of human corpses is independent of religion. The purpose of the article is to point out the multiplicity of definitions of the object protected by the criminalization of insulting a corpse and thereby make the reader aware that both the law and the values cultivated in society are dynamic institutions. This will make lawyers aware that their activity should not only focus on passive acceptance and repetition of the established truths and values, but also prompt them to figure out new ones or to search for new justifications that are more suitable in the current reality.

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Ważność aktów prawnych wydanych przez Parlament w przypadku stwierdzenia nieważności wyborów

Author(s): Jakub Drozd / Language(s): Polish Issue: 44/2024

The purpose of this study was to show how the legality of elections to the Sejm and Senate is scrutinised in Poland and to present the existence of legal acts issued by a defectively filled Parliament. The main method of research adopted in this thesis was the analysis of Polish court judgments due to the scarcity of doctrinal texts on the subject. After analysing the sources, the author of the paper identified the theses concerning the validity of legal acts and concluded that the acts issued by the Parliament in the period between its constitution and the issuance of the Supreme Court's decision are valid, and the second thesis concerns the equalisation of the deadlines for the first sitting of the new Parliament and the deadline for the Supreme Court's decision. The timeliness of the topic is highlighted by the fact that the current year is an election year and the lack of statutory and doctrinal regulation of this issue.

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Świadczenie usług adwokackich w oparciu o dyrektywę 2006/123/WE oraz dyrektywę 2000/31/WE

Author(s): Marta Golowska / Language(s): Polish Issue: 44/2024

The article attempts to analyze changes in regulations governing lawyer advertising, with a particular focus on the amendments introduced in § 23 of the Code of Ethics for Lawyers (CEA) and the impact of 1) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJEU L 376, 36); 2) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the internal market (e-commerce directive) (OJEU L 178, 1), along with Resolution No. 93/2023 of the NRA, on the promotional practices of lawyers. The aim of the paper is to identify changes in the provision of legal services in the context of the implementation of the directive and to examine the benefits and challenges they bring to legal practice in the Republic of Poland. The article posits that the new regulations allow lawyers to use marketing tools while upholding professional ethics, increasing the availability of information on services provided while maintaining ethical standards. The research problem focuses on the balance between service promotion and professional ethics, examining how these changes will impact competition among lawyers. The article analyzes the ethical, legal, and practical aspects of the new advertising regulations, emphasizing their impact on society, clients, and the legal profession itself.

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Sztuczna inteligencja (AI) vs. ochrona danych osobowych (RODO) – jak zapewnić zgodność rozwiązań AI z podstawowymi mechanizmami systemu ochrony danych osobowych w ramach Unii Europejskiej?

Author(s): Gabriel Z. Kolasa / Language(s): Polish Issue: 44/2024

The purpose of this article is to explore the problems and challenges of ensuring the compatibility of artificial intelligence (AI) based solutions with the basic mechanisms of the personal data protection regime within the European Union. The article discusses various aspects of the processing of personal data by AI systems, such as the legal basis, information obligations, rights of data subjects, and the risk of violation of fundamental rights. The article points out the need for appropriate legal regulations as well as technical and organizational mechanisms to effectively implement the principles and objectives of the RODO in the context of the application of AI.

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Zasady wyznaczające relacje pomiędzy państwem a przedsiębiorcami na gruncie Prawa przedsiębiorców – wybrane aspekty

Author(s): Dariusz Kowalski / Language(s): Polish Issue: 44/2024

Due to the significant dynamics of economic processes directly affecting the principles of conducting business activity, the legislator actively adjusts the legal environment of entrepreneurs to changing circumstances. Amendments to regulations, consisting in particular in extending the obligations of the entrepreneur, contribute to the more and more frequent interactions between the state (in particular public administration bodies) and the entrepreneur. The subject of the study is the assessment of broadly understood relations between public administration and entrepreneurs, which result from the currently adopted legal framework. The legal framework for these relations is set out in various legal acts. In recent years, the Act of March 6, 2018, Entrepreneurs' Law, has been given particular importance in defining the principles of cooperation between public administration authorities and entrepreneurs. One of its overarching goals was to increase the legal certainty of entrepreneurs, including by organizing the principles of operation of public administration bodies in relation to entrepreneurs. Therefore, for the purposes of the study, the causes and effects of extending the scope of relations between the state and the entrepreneur were analyzed, and the impact of regulations on the standards of public administration operation - in particular the Law of Entrepreneurs - on the practice of public authorities' operation was analyzed.

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Rządy prawa czy rządy ludzi? Władza i prawo w sporze o „praworządność”

Author(s): Zdzisław Krasnodębski / Language(s): Polish Issue: 50/2024

RESEARCH OBJECTIVE: To analyse the terms used in political discourse, often reduced to slogans, such as “rule of law”, “constitutionalism”, “demo cracy”. To reflect on the relationship between the rule of law and political power in a de mocracy. To indicate the evolution of the concept of constitution and of constitu tionalism as a broad political philosophy. To apply this analysis to EU politics. THE RESEARCH PROBLEM AND METHODS: Conceptual analysis, theoretical considerations with historical elements. THE PROCESS OF ARGUMENTATION: The article proceeds with a brief presentation of the meaning of the “rule of law” in current EU policy and rhetoric, to the question of the political nature of the conflict between the European Com mission and Poland and Hungary, before addressing the general problem of the relationship between political power and law in a democracy and the ongoing scholarly debates on this topic. It goes on to present the main arguments against “constitutionalism” as a political philosophy and relates them to the European Union. RESEARCH RESULTS: Revealing the shallowness of the current political discourse in the EU and in Poland and demonstrating how difficult and deep is the problem of the relationship between democracy and parliamentary majority power, covered up by the slogan “rule of law”. CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: The constitutionalization of the Union is taking place at the expense of democracy in the Member States. It leads to a strengthening of the political power of the European Commission. While we can speak of the victory of EU “constitutional ism” in Poland after the last elections, at the national level we are dealing with “majoritarian democracy”, with absolute predominance of political power over the national law, making it possible to ignore it or even to act against it.

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The Crisis of Democracy and the Legitimate Rule of Law: Kelsen, Populism, and the Politics of Recognition

Author(s): David B. Ingram / Language(s): English Issue: 50/2024

RESEARCH OBJECTIVE: This essay examines how deliberation and recognition contribute to our understanding of democracy as a form of government combining two sources of legitimacy, one based on a legal procedure and the other based on ideological faith commitment.THE RESEARCH PROBLEM AND METHODS: Although joint deliberation about policy aims and recognition of person’s political identities are often assumed to be complementary (Habermas, 1996; Honneth, 2014; Taylor, 1994), I argue that this need not be the case. Political identities oriented by faith commitments pose a challenge to deliberation oriented by rational compromise. A one-sided emphasis on deliberation or recognition as exclusive sources of democratic legitimation threatens to debase the res publica to an arena of identity politics whose populist proclivities are antithetical to liberal democracy. Exacerbating this trend is the phenomenon of political polarization caused in large part by the economic stratification and socio-cultural fragmentation of a global, digital form of capitalism. My method for examining and resolving the problem relies on notable philosophers who have written about the legal and political implications of deliberation and the politics of recognition: Charles Taylor, Jürgen Habermas, and Hans Kelsen.THE PROCESS OF ARGUMENTATION: The paper begins by summarizing the importance of recognition for political life and its ambivalent humanistic and nationalistic (and sub-nationalistic) senses (Part 1). I then turn to Kelsen’s critique of recognition as incompatible with the rule of law, followed by his qualified endorsement of recognition, understood as a necessary political ethos underwriting a liberal, deliberative form of democracy (Parts 2 and 3). Turning to our contemporary democratic crisis, I show how structural transformations within and between political parties and the public sphere have given rise to authoritarian forms of populism (Part 4). I conclude by noting how imperatives within digital capitalism produce ambivalent effects regarding the restoration...

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Konstytucyjna wolność zrzeszania się jako gwarancja realizacji potrzeb politycznych jednostki

Author(s): Klaudia Kijańska / Language(s): Polish Issue: 50/2024

RESEARCH OBJECTIVE: The fundamental research objective of the article is to analyze the significance of the freedom of association, i.e., Article 58 of the Polish Constitution, as a means of fulfilling human political needs. The study aims to determine whether the current provisions regarding association guarantee a real opportunity to satisfy human needs arising from their nature.THE RESEARCH PROBLEM AND METHODS: The primary research problem is to establish whether the existing guarantees of freedom, specifically concerning the freedom of association, constitute a form of fulfilling human political needs. To conduct the analysis, legal research methods were employed, including doctrinal, doctrinal-theoretical, and theoretical-legal analyses.THE PROCESS OF ARGUMENTATION: In the article’s content, the first section refers to presenting the role of the societal factor in the functioning of the state. It draws upon the social nature of humans based on the Aristotelian concept of “politikon zoon”. Subsequently, an analysis of the constitutional regulations is carried out in the context of an individual’s impact on the sphere of authority through the freedom of association. The final part of the article provides answers regarding the role of the freedom of association in every individual’s life.RESEARCH RESULTS: The freedom of association constitutes a significant element in fulfilling human needs arising from the social nature of humans, as a form of political influence. The current constitutional regulations concerning the freedom of association provide a platform for individuals to exert real influence over authority.CONCLUSIONS, INNOVATIONS, RECOMMENDATIONS: Considering the source of the freedom of association as a human dignity, there is a need for the state to implement standards that enable the exercise of this freedom regardless of various legal conditions on the individual’s side. The possibility of realizing this freedom should set the standards for shaping the law in the area of association.

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Poglądy antyfederalistów na kształt Unii w czasie Konwencji Filadelfijskiej i procesu ratyfikacji Konstytucji Stanów Zjednoczonych

Author(s): Tomasz Tulejski / Language(s): Polish Issue: 50/2024

RESEARCH OBJECTIVE: The article aims to present the main antifederalistic arguments against the U.S. Constitution.THE RESEARCH PROBLEM AND METHODS: Anti-Federalism was the late 18th-century political movement that opposed the formation of a stronger U.S. federal government and which later opposed the ratification of the 1787 Constitution. The following questions are posed in this article: Why the Anti-Federalists was opposed to U.S. Constitution? Why the new government was too strong? Why a stronger government threatened the sovereignty and liberty of the states, localities, or individuals?THE PROCESS OF ARGUMENTATION: The critical analysis of the texts of the U.S. Constitution, Federalists and Anti-Federalists’ papers and the most important arguments in the great constitutional debate has been made.RESEARCH RESULTS: The Anti-Federalists criticism of the U.S. Constitution resulted from the fears of a consolidated federal government. Its main arguments became, after the ratification, a tool for defending states’ rights as well as the principles of federalism defined during the debates in Philadelphia and at the state conventions.CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: The study makes it possible to formulate the conclusion, that the Federalists created U.S.Constitution, but the Anti-Federalists coopted it from the very beginning. That tension between Federalists and Anti-federalists has continued throughout United States’ history to the present day.

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Stygmatyzowani w perspektywie Teorii Usprawiedliwiania Systemu (SJT)

Author(s): Elżbieta Czykwin / Language(s): English,Polish Issue: 1/2024

The article is dedicated to explaining the issue of the sources and reasons behind the paradox of stigmatized social categories justifying the system. The key statement of the System Justification Theory — SJT is the explanation that stigmatized individuals and categories are victims and perpetrators of internalized norms of the system in which they have come to live and the system plays a palliative role. SJT is a broader formula that includes other important basic ones, such as: Cognitive Dissonance Theory (Festinger), Social Identity Theory (Tajfel), Belief in a just world (Lerner), Stereotype Content Model — SCM (Fiske), Social Dominance Theory (Sidanus), causing self-awareness and others. The article discusses the sources and causes that construct and are responsible for the existence of the paradox of the stigmatized supporting the system. The key ones are language, the Christian message, self-assessment, the “it’s your own fault” heuristic and others.

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Niepełnosprawni intelektualnie w obszarze oddziaływań profilaktyczno-resocjalizacyjnych

Author(s): Ewelina Silecka-Marek / Language(s): English,Polish Issue: 1/2024

The article attempts to describe the psychosocial functioning of people with intellectual disabilities (with particular emphasis on mild disabilities). Attention was drawn to the difficulties in an unambiguous assessment of their behavior in court and criminal proceedings, which result from the conditions of the intellectual disability itself along with other accompanying it behavioral or mental disorders. As a result of the analysis of the literature and legal acts, has been characterized the specificity of social rehabilitation activities undertaken against people with intellectual disabilities in penitentiary isolation and in the probation system.

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Особливості взаємозв’язку і відмінність фінансово-правової відповідальності та інших видів юридичної відповідальності

Author(s): Maksym Pliekhov / Language(s): Ukrainian Issue: 11/2023

The article reveals the peculiarities of the relationship and differences between financial and legal liability and other types of legal liability. It is noted that legal liability has the same properties as normativity, and the normativity of legal liability, like the normativity of law, includes the possibility of state coercion. It is established that legal liability is determined by current legislation and is incurred for misdemeanours or crimes, i.e. for unlawful acts which a person commits intentionally or negligently and which are prohibited by law and are under the threat of punishment. The author establishes that all types of legal liability are exercised based on a regulatory structure, which is a unity of substantive and procedural legal provisions. It is found that bringing to financial and legal liability does not exclude simultaneous bringing to other types of legal liability. It is emphasised that constitutional liability can be defined as constitutional relations based on state (or equivalent social) coercion, which arises from the moment of committing a constitutional violation and which the perpetrator (offender) must bear. It is stated that the interaction of financial and legal liability and criminal liability is of a functional nature, which means that the rules of the criminal and financial and legal liability regime regulate and protect currency, taxes, banking security, etc. The author emphasises that the connection between financial and civil liability can be traced in several directions. Still, financial and legal liability does not contribute to the protection of private property relations. It is found that there is a close connection between financial and administrative liability, the standard features of which are publicity, inequality of parties, simplified procedure for imposing a penalty, etc. The prospect of further research in this area is to study the essence, principles, features, functions and peculiarities of financial and legal liability in Ukraine.

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Ознаки та функції фінансово-правової відповідальності

Author(s): Maksym Pliekhov / Language(s): Ukrainian Issue: 12/2023

The article reveals the features and functions of financial and legal liability. It is noted that changes in Ukraine's financial and legal regulatory system and the intensive development of financial law have contributed to forming an essential set of grounds for liability sanctions for violating financial and legal norms and procedures for their application. The author establishes that the mechanisms of financial and legal liability can contribute to ensuring financial security by protecting financial relations, regulating compliance with legal norms in the field of financial activities by participants and punishing those who violate them. It is found that the functions of financial and legal liability are the central area of legal influence on financial and legal relations, with the help of which social goals are revealed, and the objectives of financial and legal liability are achieved. It is found that the features of economic and legal liability, which are established depending on the specifics of the subject of financial regulation, include the nature of the public property, focus on the protection of financial, and legal relations, as well as the features of regulatory, factual and procedural grounds for their application, the severity of damage for violations, the nature of assets, the totality of sanctions, the combination of own sectoral sanctions with sanctions from other branches of law, etc. It is determined that Ukraine's current legislation regulates the issues of financial and legal liability in a fragmented manner, which is explained by the differentiation of financial law and the absence of a single codified law in this area. The author establishes that the functions of financial and legal liability for violation of legislation in the field of budget execution by revenues can be divided into two groups: the first group includes general functions, in particular, penalty, remedial, preventive and educational functions, and the second group includes specific functions, in particular, signalling, regulatory and control functions. The author highlights the signs of financial and legal liability for violating tax, budget, monetary and customs legislation. The author suggests that it is advisable to consider the specific features of penalties for financial and legal offences in the future.

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