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"COFOLA INTERNATIONAL 2016. Resolution of International Disputes Public Law in the Context of Immigration Crisis

Author(s): Klára Drličková,Anita Garnuszek,Slavomir Halla,Miloslav Kabrhel,Silvie Mahdalová,Ľubica Martináková,Aleksandra Orzeł,Mária Pastorková,Kateřina Remsová,Iva Šimková,Lucie Zavadilová,Ivan Cisár,Tomáš Kozárek,Ivan Puškár,Martin Švec,Pavel Loutocký,Dóra Bogárdi,Gergő Kocsis,Soňa Ondrášiková,Eszter Lilla Seres / Language(s): English / Publication Year: 2016

The conference “COFOLA = Conference for Young Lawyers” is annualy organized by the Masaryk University, Faculty of Law from 2007. The main aim of this conference is to give floor to the doctoral students and young scientists at their early stage of career and enable them to present the results of their scientific activities. Since 2013 COFOLA has been enriched by special part called “COFOLA INTERNATIONAL”. COFOLA INTERNATIONAL focuses primarily on issues of international law and the regulation of cross-border relations and is also oriented to doctoral students and young scientists from foreign countries.

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"ŁAD POSTLIZBOŃSKI" W EUROPIE

Author(s): Piotr Nowak / Language(s): Polish / Issue: 2/2017

The author of the article puts forward a thesis that the period in the international relations that came after the Cold War has already been completed and we are now in another one, to which he gives the name of the Post-Lisbon order. So far, in the discourse on the international relations it is called the post-Cold War order, without a clear distinction of its timeframe. The author, who presents a theoretical introduction of the definition of the international order which he perceives as a way of determining the relationship between international actors, who also presents the most important provisions of the Treaty of Lisbon and the New NATO Strategic Concept (adopted in Lisbon), called the new period a post-Lisbon order. By analyzing the presented problems the article constitutes an attempt to prove the thesis which was put forward at the beginning.

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"Provincializimi i Evropës" dhe Debati Publik Mbi Integrimin Evropian

Author(s): Enis Sulstarova / Language(s): Albanian / Issue: 2/2006

Në prag të nënshkrimit të Asociim Stabilizimit me Bashkimin Evropian, në shtypin shqiptar nisën replikat e ashpra midis Ismail Kadaresë dhe Rexhep Qoses, jehona e të ciht vazhdon edhe sot. Prej këtij debati, ku u përshinë gati të gjithë intelektualët dhe opinionbërësit më në zë brenda dhe jashtë kufirit shtetëror (deri te arbëreshët, shih Mandala & Marku, 2006), si edhe prej debateve të tjerë të ngjashëm që janë shfaqur më parë dhe herë pas here në shtypin shqiptar, krijohej përshtypja se çështja e integrimit të Shqipërisë në BE po debatohet seriozisht në publik. Mirëpo nuk është kështu. Si ndodh rëndom në këtë vend, debati Kadare-Qose, si edhe shumë të tjerë para tij, ishte tejet provincial, me gjithë përfshitjen në të të intelektualëve tanë të shquar. E quaj provincial, sepse nuk u fol mbi përfitimet e shoqërisë shqiptare prej procesit të anëtarësimin, detyrimet e Shqipërisë në këtë fazë të re të rrugës së integrimit, mbi ecurinë e reformave, mbi ngadalësimin apo edhe dështimin e tyre të dukshëm në disa drejtime, mbi altemativat e ofiuara për realizimin sa më mirë të objektivave të integrimit etj. E thënë shkurt, nuk ishte një debat politik. Debati u soll në mënyrë të ngushtë rreth pyetjes së çuditshme: a janë apo jo evropianë shqiptarët? Pse ndodhi kjo? Pse mendimi intelektual shqiptar është i paaftë të gjenerojë një debat politik mbi integrimin dhe ta lerë "integrimin" të përdoret vetëm në rrafshin e propagandës elektorale dhe të garës së rëndomtë të partive pohtike për të marrë flamurin e evropianizmit? Pse jem i një vendperiferik duhet të zhvillojmë vetëm debate publikeprovinciale?

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"The Enlargement of the EU to Balkans" – Policy Reports that shaped the policies and debate on European integration of Balkans

Author(s): Specified No Author / Language(s): English / Publication Year: 2008

Today, western Balkans states are a long way from where they were at the beginning of the decade. The Stabilization and Association process, which has just started in 2000, is almost completed as all the states have negotiated and signed the Stabilization and Association Agreements with the EU, the EU is negotiating visa liberalization agreements and all states are entitled to the new pre-accession financial assistance IPA, designed to address the strategic needs of the region. This progress, apart from the persistent efforts of the national governments and the EU administration, is also partly due to the visionary policy reports and recommendations of people and organizations working on the Balkans. We are convinced that their commitment to the region and the ability to look beyond the limitations of the immediate political context for lasting solutions makes them an irreplaceable item on every reading-list of both those who wish to study the Balkan region and those who aim to produce similar such reports addressing the present dilemmas and challenges for the western Balkan states. “The Enlargement of the EU to Balkans” is a compilation of four reports on the Balkans published since 2000. They all concern the Balkan region and its prospects for the future – away from violent legacies towards peace, stability and European integration. As such, they are a valuable source for all those interested in and studying the recent political developments in this region, for these reports give an overview of the challenges that Balkans states faced on the start of their journey to European integration. We hope this collection of reports will become part of the curricula of schools and departments where Balkan politics, history and EU integration are taught. From the multitude of reports, books and other works written on the Balkans, the reports that follow were not chosen accidentally. Rather, we aimed to include the most influential reports, those which had the greatest impact on the EU and international community’s approach towards the Balkans, those with the most valuable recommendations concerning the features of EU’s policy towards the Balkans. The results of in-depth field research and analysis of diplomatic relations in the region, these reports provided the most credible assistance to the European and other policy-makers when faced with the dilemma ‘how to deal with postconflict post-Milosevic Balkans?’ By publishing their reports again, we also like to pay tribute to those people and organizations that made their most for Balkans to be found in EU integration map.

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"To nie my przekroczyliśmy granicę, to ona przecięła nas." Biopolityka europejskiego reżimu migracyjnego

Author(s): Łukasz Moll / Language(s): Polish / Issue: 21/2016

This article reconceptualizes analytical tools suitable to theorizing the European migration regime by employing concepts developed by philosophers of biopolitics. By referring to border and migration studies, it diagnoses both the crisis of the traditional conceptualization of the border and the crisis of the post-Westphalian political order in Europe. Identifying the end of bordering practices as a result of the intertwining of sovereignty, territory, and population in the context of a neoliberal regime of capital accumulation, the article proposes to treat borders as productive apparatuses (dispositifs). While they support the desirable flows of people, they block the undesirable forms of circulation. In conclusion, the article argues that the co-existence of borderless spaces within the European Union with the arbitrary mechanisms of mobility control applied to non-EU migrants is impossible to maintain in the long run. Keeping the current status quo will result in the obliteration of the inside/outside division and a rupture in the strong link between borders and territory. In effect, the same apparatuses which aimed to make free mobility possible are becoming its main source of danger.

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# V4 2015: neľahké hľadanie odpovedí na európske výzvy

Author(s): Tomáš Strážay / Language(s): Slovak / Publication Year: 0

Vyšehradská skupina, tak ako napokon celá Európska únia, čelila aj v roku 2015 výzvam prichádzajúcim z vonkajšieho prostredia a v menšom meradle tiež takým, ktoré súviseli s jeho vnútorným fungovaním. Napriek pokračujúcemu rusko ukrajinskému konfliktu sa dominantnou témou vo vyšehradskom i európskom (nielen zahraničnopolitickom diskurze) stala migračná a utečenecká kríza. Postoj k nej ovplyvňoval tak vnútornú dynamiku Vyšehradu, ako aj jeho vnímanie v rámci EÚ. Vyšehradské krajiny čelili zhoršenej reputácii v očiach niektorých členských krajín Únie, ktoré kritizovali ich nesolidárny postoj v otázke redistribučných kvót. Prirodzene, značná časť vyšehradskej agendy sa niesla v znamení kontinuity, čo sa týka slovenského aj českého predsedníctva. Významnými oblasťami spolupráce tak boli naďalej napríklad energetika či bezpečnosť a obrana. Spolupráca s krajinami východného susedstva a západného Balkánu tvorili piliere formátu V4 plus, ktorý sa rozšíril o ďalších partnerov. Jedným z významných zadaní pre obe predsedníctva bolo vyvažovať spoluprácu s nevyšehradskými krajinami s vnútornou súdržnosťou V4. Potvrdilo sa, že vyšehradská spolupráca zostáva imúnna voči vnútropolitickému vývoju v jednotlivých krajinách. Hoci májové prezidentské i októbrové parlamentné voľby v Poľsku znamenali diametrálnu zmenu v oblasti poľskej vnútornej politiky, na vzťahoch v rámci V4 sa to neprejavilo.

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#47 An Assessment of the Commission’s 2011 Schengen Governance Package. Preventing abuse by EU member states of freedom of movement?

Author(s): Sergio Carrera / Language(s): English / Publication Year: 2012

The Schengen system has been at the centre of sharp controversy throughout 2011 and the early months of 2012 a rising from attempts by several member state governments to challenge the right to the free movement of persons and the abolition of internal border checks. The speech delivered by Nicolas Sarkozy early this month (March 2012), as part of the French presidential campaign, in which he threatened to suspend France’s participation in Schengen illustrates this phenomenon. This paper examines the European Commission’s response to the Schengen controversies, namely the Schengen Goverance Package publishedin September 2011 and currently under negotiation in Council and the European Parliament. It assesses the scope and added value of the Package’s two new legislative proposals (a new Schengen evaluation mechanism and revised rules for restating internal border checks) by looking at the origins and features ofthe debate surrounding liberty of circulation in the Schengen area.

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#50 Trends and Gaps in the Academic Literature on EU Labour Migration Policies

Author(s): Marie De Somer / Language(s): English / Publication Year: 2012

This paper provides an overview of the ‘state of the art’ in the academic literature on EU labour migration policies. It forms part of the research agenda of Work Package 18 of the NEUJOBS project, which aims at reviewing legislation and practices regarding the labour market inclusionand protection of rights of different categories of foreign workers in European labour markets. Accordingly, particular attention is paid to the works of scholars who evaluate the status of rights of third-country national workers in relation to labour market access, employment security, social integration, etc., in European legislation on labour immigration. More specifically, the review has selected those scholarly works that focus specifically on analysingthe manner in which policy-makers have addressed the granting of rights to non-EU migrant workers, and the manner in which policy agendas – through the relevant political and institutional dynamics – have found their translation in the legislation adopted.

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#51 Does the Stockholm Programme matter? The Struggles over Ownership of AFSJ Multiannual Programming

Author(s): Elspeth Guild,Sergio Carrera / Language(s): English / Publication Year: 2012

Does the 2009 Stockholm Programme matter? This paper addresses the controversies experienced at EU institutional levels as to ‘who’ should have ownership of the contours of the EU’s policy and legislative multiannual programming in the Area of Freedom, Security and Justice (AFSJ) in a post-Lisbon Treaty landscape. It examines the struggles around the third multiannual programme on the AFSJ, i.e. the Stockholm Programme, and the dilemmas affecting its implementation. The latest affair to emerge relates to the lack of fulfilment by the European Commission of the commitment to provide a mid-term evaluation of the Stockholm Programme’s implementation by mid-2012, as requested by both the Council and the European Parliament.

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#52 Justice and Home Affairs Databases and a Smart Borders System at EU External Borders. An Evaluation of Current and Forthcoming Proposals

Author(s): Didier Bigo,Sergio Carrera,Ben Hayes,Nicholas Hernanz,Julien Jeandesboz / Language(s): English / Publication Year: 2012

This study examines current and forthcoming measures related to the exchange of data and information in EU Justice and Home Affairs policies, with a focus on the ‘smart borders’ initiative. It argues that there is no reversibility in the growing reliance on such schemes and asks whether current and forthcoming proposals are necessary and original. It outlines the main challenges raised by the proposals, including issues related to the right to data protection, but also to privacy and non-discrimination.

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#53 EU Home Affairs Agencies and the Construction of EU Internal Security

Author(s): Joanna Parkin / Language(s): English / Publication Year: 2012

Regulatory agencies such as Europol, Frontex, Eurojust, CEPOL as well as bodies such as OLAF, have over the past decade become increasingly active within the institutional architecture constituting the EU’s Area of Freedom, Security and Justice and are now placed at the forefront of implementing and developing the EU’s internal security model. A prominent feature of agency activity is the large-scale proliferation of‘knowledge’ on security threats via the production of policy tools such as threat assessments, risk analyses, periodic and situation reports. These instruments now play a critical role in providing the evidence-base that supports EU policy making,with agency-generated ‘knowledge’ feeding political priority settingand decision-making within the EU’s new Internal Security Strategy (ISS).

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#54 Russia and the Common Space on Freedom, Security and Justice

Author(s): Olga Potemkina,Raül Hernández i Sagrera / Language(s): English / Publication Year: 2013

EU-Russia cooperation in the framework of the Common Space on Freedom, Security and Justice, launched almost a decade ago in 2003, has borne fruit more in the security aspects than the justice and liberty-related policy areas. This study assesses the uneven cooperation onjustice and home affairs between the EU and Russia, while delving into the intersection between cooperation on justice, liberty and security and the promotion of human rights, democracy and rule of law in EU-Russia relations. The study concludes by proposing a set of policy recommendations to the LIBE Committee for playing a more active role in this important field of cooperation between the EU and Russia.

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#56 The EU’s Paradoxical Efforts at Tracking the Financing of Terrorism: From criticism to imitation of dataveillance

Author(s): Anthony Amicelle / Language(s): English / Publication Year: 2013

In July 2011, the European Commission published a Communication aimed at setting out different options for establishing a European terrorist finance tracking system (TFTS). The Communication followed the adoption of the EU-US agreement on the US Terrorist Finance TrackingProgram (TFTP) in 2010. The agreement concluded various series of national, European and transatlantic negotiations after the disclosure through public media of the US TFTP in 2006. This paper takes stock of the wide range of controversies surrounding this security-focused programme with dataveillance capabilities. After stressing the impact of the US TFTP on international relations, the paper argues that the EU-US agreement primarily has the effect of shifting in formation-sharing practices from the justice/judicial/penal/criminal investigation framework into the security/intelligence/administrative/prevention context as the main rationale. The paper then questions the TFTP-related conception of mass intelligence through large-scale databases and transnational communication of bulk data in the name of targeted surveillance. Following an examination of the project creating an EU system equivalent to the TFTP, the paper emphasises the fundamental paradox of transatlantic security matters, in which European criticisms of American programmes tend to be ultimately translated into EU imitation of US dataveillance practices.

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#58 The ‘Lisbonisation’ of the European Parliament. Assessing progress, shortcomings and challenges for democratic accountability in the area of freedom, security and justice

Author(s): Sergio Carrera,Nicholas Hernanz,Joanna Parkin / Language(s): English / Publication Year: 2013

This Briefing Paper examines the performance of the European Parliament (EP) in EU AFSJ law and policy-making from the entry into force of the Lisbon Treaty until the end of the firsthalf of 2013. The paper situates the EP in the new post-Lisbon institutional setting, documenting its transition to ‘AFSJ decision-maker’, and its new powers to shape and make policy covering the EU’s internal and external security agenda. While the paper finds that theEP has become an active co-owner of the EU AFSJ post-Lisbon, with the Parliament demonstrating a dynamic adjustment to its new post-Lisbon role and powers, the authors identify a set of new developments and challenges that have arisen in the conduct of democratic accountability by the EP in the AFSJ since 2009, which call for critical reflection ahead of the new parliamentary term 2014-2019 and the post-2014 phase of the EU’s AFSJ.

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#59 Current Challenges regarding the International Refugee Law, with focus on EU Policies and EU Co-operation with UNHCR

Author(s): Violeta Moreno-Lax,Elspeth Guild / Language(s): English / Publication Year: 2013

From an examination of the instruments of the Common European Asylum System (CEAS) and related policy measures regarding border surveillance and migration management, two inter-related issues stand out as particularly sensitive: Access to asylum and responsibility for refugee protection.The prevailing view, supported by UNHCR and others, is that responsibility for the care of asylum seekers and the determination of their claims falls on the state within whose jurisdiction the claim is made. However, the possibility to shift that responsibility to another state through inter-state cooperation or unilateral mechanisms undertaken territorially as well as abroad has been a matter of great interest to EU Member States and institutions. Initiatives adopted so far challenge the prevailing view and have the potential to undermine compliance with international refugee and human rights law.

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#60 Why come here if I can go there? Assessing the ‘Attractiveness’ of the EU’s Blue Card Directive for ‘Highly Qualified’ Immigrants

Author(s): Katharina Eisele / Language(s): English / Publication Year: 2013

This paper analyses the attractiveness of the EU’s Blue Card Directive – the flagship of the EU’s labour immigration policy – for so-called ‘highly qualified’ immigrant workers from outside the EU. For this purpose, the paper deconstructs the understanding of ‘attractiveness’ in the Blue Card Directive as shaped by the various EU decision-making actors during the legislative process. It is argued that the Blue Card Directive sets forth minimum standards providing for a common floor –not a common ceiling: the Directive did not, as originally envisaged by the European Commission, create one European highly skilled admission scheme. This raises questions regarding its concreteuse. A critical focus is placed on the personal scope of the Blue Card Directive and the level of rights offered, and a first comparative perspective on the implementation of the Directive in five member states is provided.

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#61 Mass Surveillance of Personal Data by EU Member States and its Compatibility with EU Law

Author(s): Didier Bigo,Sergio Carrera,Nicholas Hernanz,Julien Jeandesboz,Joanna Parkin,Francesco Ragazzi,Amandine Scherrer / Language(s): English / Publication Year: 2013

In the wake of the disclosures surrounding PRISM and other US surveillance programmes, this paper assesses the large-scale surveillance practices by a selection of EU member states: the UK, Sweden, France, Germany and the Netherlands. Given the large-scale nature of these practices, which represent a reconfiguration of traditional intelligence gathering, the paper contends that an analysis of European surveillance programmes cannot be reduced to a question of the balance between data protection versus national security, but has to be framed in terms of collective freedoms and democracy. It finds that four of the five EU member states selected for in-depth examination are engaging in some form of large-scale interception and surveillance of communication data, and identifies parallels and discrepancies between these programmes and the NSA-run operations.

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#61 The Criminalisation of Migration in Europe. A State-of-the-Art of the Academic Literature and Research

Author(s): Joanna Parkin / Language(s): English / Publication Year: 2013

In the last 30 years, a clear trend has come to define modern immigration law and policy. A set of seemingly disparate developments concerning the constant reinforcement of border controls, tightening of conditions of entry, expanding capacities for detention and deportation and the proliferation of criminal sanctions for migration offences, accompanied by an anxiety on the part of the press, public and political establishment regarding migrant criminality can now be seen to form a definitive shift in the European Union towards the so-called ‘criminalisation of migration’. This paper aims to provide an overview of the ‘state-of-the-art’ in the academic literature and EU research on criminalisation of migration in Europe. It analyses three key manifestations of the so called ‘crimmigration’ trend: discursive criminalisation; the use of criminal law for migration management; and immigrant detention, focusing both on developments in domestic legislation of EU member states but also the increasing conflation of mobility, crime and security which has accompanied EU integration.

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#64 How much does EU citizenship cost? The Maltese citizenship-for-sale affair: A breakthrough for sincere cooperation in citizenship of the union?

Author(s): Sergio Carrera / Language(s): English / Publication Year: 2014

How much does European citizenship cost in the EU? This was the question that has raised so much controversy over the Maltese citizenship-for-sale programme. The outright selling of Maltese nationality to rich foreigners led to unprecedented responses by the European Parliament and European Commission. This paper examines theaffair and its relevance for current and future configurations of citizenship of the EU. It studies the extent to which member states are still free to lay down the grounds for the acquisition and loss of nationality without any EU supervision and accountability. It provides a comparative overview of member state schemes and the exact pricefor buying citizenship and a residency permit in the EU. It is argued that the EU’s intervention on the Maltese citizenship-for-sale affair constitutes a legal precedent for assessing the lawfulness of passport-for-sale or golden migration programmes in other EU member states. The affair has also revealed the increasing relevance of a set of European and international legal principles limiting member states’ discretion over citizenship matters and providing a supranational constellation of accountability venues scrutinising the impact of their decisions overcitizenship of the Union.

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#65 The Political and Judicial Life of Metadata: Digital Rights Ireland and the Trail of the Data Retention Directive

Author(s): Sergio Carrera,Elspeth Guild / Language(s): English / Publication Year: 2014

This paper examines the challenges facing the EU regarding data retention, particularly in the aftermath of the judgment Digital Rights Ireland by the Court of Justice of the European Union (CJEU) of April 2014, which found the Data Retention Directive 2002/58 to be invalid. It first offers a brief historical account of the Data Retention Directive and then moves to a detailed assessment of what the judgment means for determining the lawfulness of data retention from the perspective of the EU Charter of Fundamental Rights: what is wrong with the Data Retention Directive and how would it need to be changed to comply with the right to respect for privacy? The paper also looks at the responses to the judgment from the European institutions and elsewhere, and presents a set of policy suggestions to the European institutions on the way forward. It is argued here that one of the main issues underlying the Digital Rights Ireland judgment has been the role of fundamental rights in the EU legal order, and in particular the extent to which the retention of metadata for law enforcement purposes is consistent with EU citizens’ right to respect for privacy and to data protection.

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