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

Author(s): / Language(s): English

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.

"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.

"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?

"Second curve" concept as a key driver of economic development in the emerging markets

Author(s): Anđelko Lojpur,Ivan Radević,Nikola Martinović / Language(s): English / Issue: Spec/2021

The paper begins with the understanding that the three-decade-long transition period from a socialist economy to the market one, as an integral part of comprehensive changes in Eastern Europe, both political and ideological ones, remains to be a quite problematic and ongoing process. When it comes to less-developed or transition countries, with a special focus on the Western Balkans, a popular opinion is that the impact of deindustrialization on countries in transition was as painful and radical as the "coming" of socialism. Therefore, when addressing the need for a new formula for development, it is a matter of great concern that today's multipolar world lacks well-established development paradigms, particularly taking into account an obvious stagnation in reforms, i.e. the so-called reform failure. In the authors' opinion, it is possible to end the crisis in underdeveloped and transition countries only by introducing a "new" order, i.e. by finding a "new" economic development paradigm. In the light of the above, this paper indicates the need to replace the current transitional models of economic transformation with a turn-around strategy that would be based on reindustrialization, i.e. newly created industrial policies. Finally, this would imply the implementation of the “second curve“(the “S-curve”) concept in the change management processes.

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

Author(s): Author Not Specified / Language(s): English

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.

"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.

# 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.

(GEO)POLITICAL IMPLICATIONS OF ROMA MINORITIES IN THE EUROPEAN UNION. FESEABLE SOLUTION FOR INTEGRATION

Author(s): Ionel STOICA / Language(s): English / Issue: 38/2011

The crisis generated by the expulsion of the Romania’s and Bulgaria’s Roma from France has showed that there was no strategy related to Roma issue at the European level, although it is extremely necessary1 . In spite of the numerous and heated debates at the European level on this issue, the European officials are still disagreeing on the concretization and effective implementation of a strategy. This article underlies that the attempts to solve the issue at the national level represent narrow approaches, that seek to gain benefits on short term and do not analyze the potential benefits on long term of the continental approach, in accordance with the endeavors and exigencies stated by the European Union’s officials. Starting from the premise that the integration of the Roma communities exceed – by its geographical extension, but also by the intellectual and financial resources which it claims – the national background, this paper presents a point of view regarding the directions of action to be followed. In the author’s opinion, these directions should encompass two main coordinates: “land binding” of the Roma, respectively, their education in the spirit of the development of better social adaptation/integration. Both coordinates are analyzed and commented in this paper from the perspective of their strong and weak points. At the same time, there are proposed some feasible solutions for integrating Roma communities at the national and European level.

(POSSIBLE) IMPACT OF CETA ON CREATION OF LAW

Author(s): Ondrej Blažo / Language(s): English / Issue: 1/2017

The paper brings an analysis, and possible solutions, regarding “threats” to regulatory sovereignty of the parties to the CETA. Hence technical trade barriers, sanitary and phytosanitary measures, regulatory cooperation, liberalization of services and protection of investors are focal points for estimating future development of legal regime in both the EU and Canada. The analysis assesses only “possible” impact of the CETA because it will be subject to ratification and the outcome of this process is insecure.

.eu TOP LEVEL DOMAIN NAME & FREE MOVEMENT OF SERVICES: THE EU POLICY OVER SINGLE DIGITAL MARKET

Author(s): Fahed Wahdani,Mohammad Alfaouri / Language(s): English / Issue: 1/2020

The .eu top-level domain name is a method for EU that represents its organizations to mirror their European identification in cyberspace. In this context, the study argues the matter that TLD represents an added value to a larger online exposure as well as advancing customer's needs. On the other hand, it works to enhance the development of the Digital Single Market. This article will try to give potential vision of the European policy related to.eu TLD over EU Single Digital Market, to explain how .eu TLD has led to establishing SDM and further applying for the free movement of services in EU digital zone.

140 DE ANI DE RELAȚII DIPLOMATICE ROMÂNO-SPANIOLE

Author(s): Dana Gliga / Language(s): Romanian / Issue: 1/2021

The present article presents an introductory historical note about the diplomatic relations between Romania and Spain. This year Romania celebrates 140 years of diplomatic collaboration to Spain and there are presented also another anniversary datas, chronologically, which are relevant for the international presence of Romania. Spain and Romania are connected for millenials through the language, through their origin to the Romanic countries. Currently, the billateral dialogue contributes to the development of the European common values within the E.U. and NATO.

14th EU-India Summit in New Delhi Strengthens Partnership

Author(s): Patryk Kugiel / Language(s): English

The EU-India Summit in New Delhi on 6 October showed an increasing convergence of views on major regional and global issues and boosted the strategic partnership established in 2004. Yet, the lack of a breakthrough in negotiations of the Broad-based Trade and Investment Agreement (BTIA) proves it remains a major challenge, along with the negative effects of Brexit, on EU-India relations. If the negotiations are protracted, the EU may consider a separate deal on investments alone. Poland should consider more actively participating in shaping EU policy on India and using existing mechanisms of dialogue to strengthen its bilateral cooperation.

2019-2020 Alternative Report on the Application of Bosnia and Herzegovina for the European Union Membership: Political Criteria

Author(s): / Language(s): English / Issue: 60/2021

For Bosnia and Herzegovina, as well as other Western Balkan countries, integration and membership in the European Union (EU) is a key strategic, political and economic priority. Bearing in mind the importance of the EU integration process, the members of the Initiative for Monitoring the European Integration of Bosnia and Herzegovina have been monitoring the European integration process since 2013 in a transparent, professional and non-partisan manner. 2019-2020 Alternative Report on the Application of Bosnia and Herzegovina for the European Union Membership: Political Criteria is the result of the work of the members of the Initiative. The report refers to the political criteria for EU membership, and also contains Special Reports on the local elections in Mostar held in 2020 and the impact of COVID-19 restrictions on the protection and respect of human rights in Bosnia and Herzegovina.

30 years of integration in the Baltic Sea Region: security against the background of the current geopolitical situation

Author(s): Iwona Śmigerska-Belczak / Language(s): English / Issue: 2/2019

The aim of the article is to attempt to assess the results achieved in the economic and political field from the perspective of past cooperation as well as to see whether the directions and forms of this cooperation remain adequate to the challenges expected to be faced in the near future. In the current situation, the process of sustainable development implemented, among others, through the introduction of the concept of circular economy seems to be a solution guaranteeing security in all areas as well as further development.

31. kongres Evropského konsorcia pro výzkum vztahu církve a státu, Esch-sur-Alzette (Lucembursko), listopad 2019

Author(s): Záboj Horák / Language(s): Czech / Issue: 78/2020

Od čtvrtka 14. do neděle 17. listopadu 2019 se v Lucembursku konala letošní mezinárodní konference uvedeného konsorcia. Jejím tématem bylo postavení náboženských společenství jako daňových poplatníků v členských státech Evropské unie.

3rd Network Conference Adaptation and Implementation of the EU -Acquis: an Exchange of Experiences

Author(s): / Language(s): English

A BRIEF ANALYSIS OF THE ENLARGEMENT PROCESS FOR THE WESTERN BALKANS STATES. SYNTHETIC EVALUATION OF THE INTEGRATION PATH WITHIN THE COMPETITIVENESS POLICY

Author(s): Monica Ioana Burcă-Voicu,Adriana Oprescu / Language(s): English / Issue: 34/2020

In the process of negotiations with the EU candidate countries, one of the acquis chapters related to the sectoral issues, is the competitiveness policy on the closure of which depends to a large extent the completion of negotiations. The Western Balkans region is at the same time a strategic priority for the European Union as well as a real challenge in terms of economic convergence due to the criteria that continue to lag behind the development and compliance with the aquis communautaire compared to the already member states. The aim of the present research is to present the EU legal framework related to the competitiveness sector trying to capture the challenges met on the path to integration in this regard, taking also into account the national economic and legal context of the Western Balkans countries (Albania, Bosnia and Herzegovina, Croatia, North Macedonia, Montenegro and Serbia). The present analysis starts methodologically with a brief presentation of the general legislative framework with reference to the competing elements to be fulfilled in the enlargement process of the European Union and contextualized upon the economic realities of the Western Balkans states trying to capture at the same time the fulfilment level of the main criteria to be met in accordance with a free market economy and a strong competitive environment.

A closer look at Dexia: The case of the misleading capital ratios

Author(s): Willem Pieter DE GROEN / Language(s): English

When first published, the results of the stress tests performed by the European Banking Authority (EBA) gave little evidence of Dexia’s vulnerability. The test was based on the current criteria for Basel II capital (core Tier-1 ratio). Dexia was ranked 12th of the 90 tested banks, with a stressed core Tier-1 ratio of more than twice the benchmark of 5%. In turn, the equity ratio was only about 1.9%, representing one-sixth of the core Tier-1 ratio at year-end 2010. In other words, for every €53 in assets, the bank had only €1 in capital (see Table 1). Such a level of leverage is high, twice in fact the average of large EU banks.3 The leverage and difference with other large banks are largely explained by the calculation of the risk-weighted assets (RWA) and the definition of core Tier-1 capital, both of which painted an overly optimistic picture.

A Closer Look to the ‘Ever Ending’ Democratic Deficit Discussions in the European Union

Author(s): Buket ÖKTEN SİPAHİOĞLU / Language(s): English / Issue: 22/2021

Discussions on the authority and responsibility of the European Union (EU) institutions are more than as it seems. As a supranational organization, democratization of the EU has long been discussed. Some researchers have argued that the EU's democracy deficit stems from its structural state. Opposing ideas claim that the EU is democratic enough. In this sense, both the inequality between the institutions and the difference between the structures of the institutions are the subject matter of the discussion. Decision making process is made through European Parliament (EP) in which the members are chosen by the EU states’ public. Despite the limited authorization of EP, this parliament is expected to be the voice of public. Recent Eurozone crisis and the results of the 2019 EP elections flared up the debate. This paper argues that there cannot be direct democracy in the union i.e. citizens cannot participate directly in the Community-decision making process and this does not cause a democratic deficit. The EU is not and cannot be- by nature- a state, therefore its democratization is unquestionable.

A COMPARATIVE ANALYSIS OF MUTUAL DEFENCE AND COLLECTIVE DEFENCE CLAUSES

Author(s): Stan Anton,Cristina Bogzeanu / Language(s): English / Issue: 58/2015

The present paper constitutes a comparative analysis of Article 42(7) of Treaty of Lisbon (mutual defence clause) and of Article 5 of the North-Atlantic Treaty (common defence), from the perspective of the consequences their invocation triggers. It approaches the implications entailed by the above mentioned articles concerning the type of measures they can determine, taking into account the nature of the organisations within which they were designed, the decision-making procedure, the operational planning and the use of force. The present demarche was motivated by the necessity of identifying the possible repercussions of France’s invocation of mutual defence clause in the context of the terrorist attacks of November, 13th, 2015. The hypothesis of this study is that the respective articles are substantially different as far as their force and effects are concerned, the gap between them emerging from the nature of the organisations having developed and adopted them, from the institutional framework characteristic to NATO and EU, from the decision-making process, from the available forces, as well as from the significance of the security concepts they enshrine.