Миграциона политика Европске Уније

Author(s): Danica Šantić,Slavica Obradović / Language(s): Serbian Issue: 13/2016

More than two decades there is a tendency in the European Union towards harmonization of migration policies among Member States. However, the slow functioning of European structures, as well as the fact that each country has its own demographic problems, the different level of unemployment, the specifics of the cultural, social and economic development, are an impediment for explicit formulation of unified migration policy. In the time of the great migrations caused by global factors, primarily the relations between the great powers, civil wars and geopolitical implications, it is necessary to harmonize migration policy among all EU member states. This is primarily due to the fact that because such unforeseen migration flows from Africa and the Middle East caused changes in demographic characteristic of the EU, religious structures, with special attention to the integration of migrants and change in population distribution. Thats why is necessary to understand the connection of demographic elements with other elements of social systems in order to create meaningfull policy toward all types of migration flows.

Die Anfänge der Europäischen Integration – erste Bemühungen um kollektive Sicherheit in Europa

Author(s): Karel Schelle / Language(s): German Issue: 10/2013

At first sight, the idea of European integration seems to be an entirely modern matter. If we talk about it, it is most likely in frames of decades, or utmost (considering the change of millennium) we talk about it as a matter of the last century. However, we can undoubtedly find roots of European integration far earlier – namely in the period when Roman Empire was forming not only the disposition of Europe, but also the history of a part of the African and Asian continent. Although motivations of those, who inspired the European integration, were different, we can also see efforts to ensure lasting peace by peace agreements.

Finalitée evropskih integracija posle bregzita

Author(s): Vanja Savić / Language(s): Serbian Issue: 13/2017

Theories of Europen integration provide a guidance in thinking about the direction in which the EU will develop after Brexit. In the dynamics of European integration between further “widening” vs “deepening,” Britain has always been viewed as a proponent of further widening of the common market, while the countries of the so-called “European core” have been viewed as proponents of further deepening of integration among existing member states. Paradoxically, Britain’s exit from the EU thus removes the obstacles for further (including political) integration and leads to semi-official acceptance of previously controversial idea about “the multi-speed Europe”. Such outcome of the dynamics of European integration between widening and deepening suggests some conclusions for another debate, the one between neofunctionalist and intergovernmentalist theories of European integration. Functional spillover theory insists that integration goes deeper than governments intend, while intergovernmentalism insists that national governments are ultimately in charge of the process, tailoring it to their needs. If Europe goes towards deeper integration among countries that share the same fundamental vaues, it bolsters the neofunctionalist argument. It is at the same time the most desirable political destiny for the united continent and the only one that can inspire true changes in aspiring candidate countries.

The Scope of Trade Mark as a Subjective Right in the European Union Law

Author(s): Vukašin Petrović / Language(s): English Issue: 1/2017

In this paper, we analyze the appropriate regulatory framework of the European Union which is related to the issue of the scope of trade mark, i.e. its application in practice, through appropriate judgements of the Court of Justice of the European Union. More particularly, the focus of the analysis is on the factors on the basis of which the scope of trade mark as a subjective right is determined, i.e. the limits of protection acquired by the concrete trade mark. In that sense, this paper will aim to provide a detailed view of, primarily, the concept of likelihood of confusion which represents the key element for determining the scope of trade mark as a subjective right, through the view of the individual elements from which it consists, i.e. on the basis of which the existence of the mentioned likelihood is determined in each concrete case.

Parlamentarne komisje do spraw europejskich i ich rola w unijnej sferze aktywności organów państwa

Author(s): Maciej Serowaniec / Language(s): Polish Issue: 6/2015

An important role in incorporating particular Member States in integration structures was played bymatters relating to the apportionment of powers between the state authorities to decide on matters relatingto membership in the EC/EU. The emergence and development of parliamentary committeesfor European affairs is connected with the desire to increase the impact of national legislative bodieson the European decision making process and to provide the representative bodies with mechanismsensuring real supervision over the actions of governments on the European scene. The committeesfor European affairs continue to have the nature of auxiliary bodies of parliament, however,due to the nature of problems undertaken by them, their high autonomy in relation to parliamentarychambers is evident. To some extent, even they replace parliamentary chambers in exercising theirpowers concerning the process of lawmaking in the EU. Recognizing this phenomenon, showing newtrends in relations between parliament and its committee is therefore of great importance for the researchin this field.

Wybory do Parlamentu Europejskiego jako wybory drugiej kategorii (second-order elections). Uwagi na temat przyczyn, konsekwencji oraz prób przeciwdziałania niskiej frekwencji wyborczej

Author(s): Andrzej Jackiewicz / Language(s): Polish Issue: 2/2014

The author examines the issue of elections to the European Parliament in the context of the level of interest of voters in those elections. It presents the concept of “fi rst-order elections” and “second-order elections”, at the same time pointing out that the EP elections over 30 years are considered to be in the latter category. Attention is paid to the mechanisms by which the legislature may attempt to strengthen the level of citizens’ participation in public life and which can have a positive impact on voter turnout in the elections to the European Parliament. These include compulsory voting, holding the election on a day which is not a working day, a two-day vote, the date for the conduct of this election, the financial motivation behind standing in elections or enthusiasm for the idea of the EU after recent accession.

Unia Europejska jako wspólnota wartości

Author(s): Bogusław Banaszak / Language(s): Polish Issue: 4/2014

Any society organized in the from of a state is formed at the basis of certain values common to all its members, or at least to the vast majority of them. This involves exerting infl uence on the sense of identity and continuity of society. EU law emphasizes the role of values as the foundation of the existence of the Union. After the ratifi cation of the Lisbon Treaty there is a growing interest amongst individual countries in common European values. This phenomenon can also be found in Poland and, recently, there have been attempts to describe it. In the practice of the functioning of the EU the question of values plays an increasingly important role, but no mechanisms aimed at ensuring observance of them have been yet developed. The absence of a single system of values underlying the EU identity, both in relation to their detailed list and interpretation, is associated with the ambiguity of the relationship between the system of values protected by EU law and the internal systems of the Member States. This may have two kinds of consequences: either may lead to taking action by the institutions and bodies of the EU in all cases where there is doubt as to entrust the settlement of a case to the national authorities, or — in the event of such doubt — the decision on the case will be, in general, left to the Member State. The fi rst option, which seems more likely, will mean a de facto extension of the EU competences.

Projekt rozporządzenia Rady w sprawie ustanowienia Prokuratury Europejskiej

Author(s): Justyna Łacny,Mateusz Zreda / Language(s): Polish Issue: 4/2014

The article deals with the proposal for a Council regulation on the establishment of the EuropeanPublic Prosecutor’s Offi ce (COM(2013) 534 fi nal). The European Public Prosecutor’s Offi ce is to beset up as a new Union law enforcement authority responsible for prosecution of offences affectingthe Union’s fi nancial interests. Particular attention was paid to the issue of the compatibility of theproposal with the principle of subsidiarity (Article 5 (3) TUE). The Treaty of Lisbon has made nationalparliaments of the Member State responsible for the observance of that principle. More thana dozen parliamentary chambers have submitted reasoned opinions through which they addressedtheir concerns about violation of that principle by the proposed regulation. Despite the strong reactionfrom the national parliaments the European Commission has decided to continue work on theproposal. From analysis of the arguments contained in the reasoned opinions submitted by the nationalparliaments on the proposed regulation about the European Public Prosecutor’s Offi ce it followsthat the rules of the operation of the principle of subsidiarity, and the assessment criteria applied inthis respect, are unclear. Most of the reasoned opinions from the national parliaments contains, apartfrom the allegations related strictly to the principle of subsidiarity, other objections of a legal or politicalnature, which do not concern that principle. The practice of national parliaments in this areais not uniform. Lack of uniformity may be one of the reasons why the Commission does not seem tohear the voice of the parliamentary chambers and is continuing the work on the proposal.

Skutki prawne procedur notyfikacyjnych z perspektywy prawa Unii Europejskiej

Author(s): Ziemowit Cieślik / Language(s): Polish Issue: 5/2014

The article provides an analysis of the case law of the Court of Justice of the EU in matters of notification. The analysis is primarily aimed at identifi cation of the normative sources from which theCourt derives its conclusions concerning the legal consequences of a breach of notification rules bythe Member States and encompasses three notifi cation procedures relating to norms and technicalprovisions, state aid and matters falling within the competence of the European Central Bank. Apartfrom general remarks on the evolution of case law in this area, the author examines: the nature of legalconsequences that are associated with a breach of the notifi cation rules; the system context of adjudication(findings concerning the provisions of law directly interpreted by the Court or other EUlegal acts taken into account in the process of inference); the scope of legal consequences (includingthe specification of the rules to violation of which these consequences are attributed) as well as thecriteria for their attribution. These findings help to assess the position on the legal consequences ofa breach of notifi cation duty by a Member State, which is presented in official EU documents. Theauthor verifi es the tendency (apparent from the Guide to consultation of the European Central Bankby national authorities) to attribute uniform legal consequences of violation of the rules defining variousnotifi cation procedures.

Powierzenie kompetencji na rzecz Unii Europejskiej a Traktat o Europejskim Mechanizmie Stabilności i Traktat o unii fiskalnej. Uwagi w świetle orzecznictwa Federalnego Trybunału Konstytucyjnego i wyroku Trybunału Sprawiedliwości UE w sprawie C-370/1

Author(s): Jan Barcz,Jerzy Kranz / Language(s): Polish Issue: 4/2013

The article contains an analysis of the jurisprudence of German Federal Constitutional Court andthe European Court of Justice judgment in the Pringle case (C-370/12). First of all, they examinedconsistency with EU law of the Treaty establishing the European Stability Mechanism and theTreaty on Stability, Coordination and Governance in Economic and Monetary Union (Fiscal Compact), both adopted beyond the institutional legal framework of the European Union. The analysisof this jurisprudence unequivocally reveals that the said treaties do not violate EU law, nordo they involve a conferral of new competences on the European Union by its member states.Secondly, this analysis shows that the case-law (particularly, the judgment of the European Courtof Justice) legitimizes, to an extent, the so-call Schengen method, setting — at the same time —the legal framework for future inter-governmental measures to be taken for consolidation of the Eurozone. From the above-mentioned case-law it follows that the procedure used in Poland for approvalof the decision of the European Council (2011/199/EU) and for ratification of the Fiscal Compact was reasonable. That procedure may be applied in the future for ratification of the Treaty establishing the European Stability Mechanism

ZMIANY W MECHANIZMACH CENOTWÓRCZYCH NA EUROPEJSKIM RYNKU GAZU ZIEMNEGO

Author(s): Marcin Tarnawski / Language(s): Polish Issue: 02/2017

The pricing mechanism on the European gas market is an interesting issue, mainly due to the changes on the international gas markets. Although the appearance on the market of LNG is the most significant factor affecting the raw material price, we cannot forget about the others: indexation to oil prices, long-term contracts, dominance of Russian gas in the eastern part of the continent, development of infrastructure (interconnectors), and gas storage. Although natural gas does not constitute the single most important source of energy, its role and importance for certain sectors of the economy, consumers (heating) and energy sector is very important. The presentation of the changes in the mechanism of gas pricing in Europe is the main objective of the article. Factors influencing these changes (inter alia the LNG policy of Gazprom) are presented in the second part of the study. While the first part will be limited to indicating the most important elements of the price formation mechanism in long-term contracts and hubs on the European market.

Health and its effects on the quality of life in the EU countries

Author(s): Bibiána Nováková,Tatiana Vagašová / Language(s): English Issue: 1/2016

The aim of the paper is to analyse health and its influence on quality of life in the EU countries. One of actually discussed topics in quality of life measurement is health. This paper assesses importance of health in determining the quality of life. First research goal tries to explore relationship between indicators of objective and self-perceived health status to find out means of their usage in the context of quality of life. Next goal is focused on influence of health satisfaction on overall life satisfaction. Final research goal tries to explain relationship between health of population and overall life satisfaction. Main contribution of the paper is to demonstrate differences between objective and self-perceived health and to point out the fact that overall life satisfaction is shaped by various dimensions of life.

Neoclassical and technological catching-up as the channels of the real convergence process in the European Union

Author(s): Izabela Młynarzewska-Borowiec / Language(s): English Issue: 2/2017

Purpose: The purpose of the paper is to investigate the β-convergence process between European Union member states in the period 2000-2014 and identify channels of that process. The paper attempts to illustrate if the investigated group of countries experienced convergence because of capital accumulation, technological catching-up or via both mechanisms. Design/methodology/approach: The framework used to test the relative strength of neoclassical and technological catching-up as convergence driving forces combines the neoclassical and endogenous representations of the economic growth process. The tests are conducted with the use of cross- sectional as well as panel data analysis, including the proper methods of estimation. Findings: The paper provides evidence for the presence of the β-convergence process among European Union countries in the period 2000-2014. The obtained results confirmed that in the analysed period, both channels of convergence (neoclassical and technological) occurred in the group of 27 EU member states. The technological mechanism seemed to be more important than the neoclassical one, especially between the “new” EU countries. In the group of “old” EU members no evidence of technological channel convergence was found. The preliminary survey on the existence of productivity convergence in the analysed groups confirmed its existence in the EU-27 and EU-12 group. Results for the EU-15 group were ambiguous. Research limitations/implications: As the results obtained for the EU-15 group were slightly different depending on the research method used, in the future, it would be advisable to carry out an additional study using an alternative research method. Moreover, further research on these issues should be explored towards much more accurate analysis of the productivity convergence and its impact on the real convergence process in the analysed groups of countries. Originality/value: The paper is an important step, giving direction to studies on determinants of the real convergence process in the EU. According to the obtained results, technological channel, not capital accumulation, is the driving force of the converge process in the European Union. It might be an important signal for the future convergence policy pursued at the national and European level. The policy concentrated on the dynamics of capital seems not to be effective enough to increase the speed of the convergence process between European Union member states in the future.

W sprawie skutków uchwalenia budżetu państwa wadliwego prawnie do wypłaty przez Unię Europejską środków na inwestycje współfinansowane przez Unię

Author(s): Cezary Mik / Language(s): Polish Issue: 3/2017

Демократическое наследство европейских народных государств и демократия объединенного европейскогосоюза

Author(s): Andrzej Szmyt / Language(s): Russian Issue: XXXIII/2015

Autor przedstawia najpierw kształtowanie się treści pojęć demokracji bezpośrednieji przedstawicielskiej oraz pojmowania suwerenności ludu. Demokrację przedstawicielskąokreśla sposób wyłaniania reprezentantów (prawo wyborcze), charakter mandatu przedstawicielskiego i pozycja parlamentu w systemie organów państwa. Główne formy demokracji bezpośredniej dziś to referendum i ludowa inicjatywa ustawodawcza. Szerszepojmowanie demokracji wiąże się z respektowaniem nadto standardów doktryn liberalnych (konstytucjonalizm, podział władzy, państwo prawa, pluralizm polityczny, ochronapraw i wolności jednostki, ochrona mniejszości). Standardy demokracji są także umacniane przez prawo międzynarodowe i prawo europejskie (unijne). Pojmowanie wymogówdemokracji na poziomie Unii Europejskiej ma swą specyfkę i odrębności. Zauważalny jestdefcyt demokracji.

Wybrane aspekty konstytucyjnej regulacji problematyki Narodowego Banku Polskiego

Author(s): Anna Jurkowska-Zeidler / Language(s): Polish Issue: XXXI/2014

The entry into force of the Constitution of the Polish Republic in 1997 caused that for the first time the Polish central bank was granted the status of an institution which purpose and functioning were guaranteed by the act of the highest rank. Such determination of the position of the central bank is a particular solution in the world. The issues concerning the central bank were included in the Constitution mainly in order to establish the National Bank of Poland as a central bank with exclusive rights concerning emission and monetary policy. The article presents the key issues of the constitutional regulation of the National Bank of Poland - its legal status and independence, the legal force of normative acts issued by the Bank’s internal bodies and the scope of constitutional amendments which result from the Polish accession to the euro zone.

Polityka regionalna Unii Europejskiej

Author(s): Jolanta Adamiec / Language(s): Polish Issue: 05/2017

The paper looks at the regional policy (also referred to as cohesion policy) of the European Union. The author discusses its origins, priorities and objectives, with particular attention given to the evolution of regional policy and its reforms introduced as a result of the EU enlargement. The author also discusses the objectives of new architecture of cohesion and structural funds.

Turkey’s European aspirations in the last decade. A real desire to become full EU member or a model example of reality of politics?

Author(s): Piotr Mszyca / Language(s): English Issue: 3/2012

The exemples mentioned above show. that Turkey on its way to become full member of European Union does not make a clean breast of it. Officially Turkey wants to become a part of EU but unofficially the negotiation process by itself, gave Turkey many positives.

European Grouping of Territorial Cooperation as the European Union Instrument of Cohesion Policy Implementation

Author(s): Daniel Wacinkiewicz / Language(s): English Issue: 3/2012

Observing the political processes taking place in the modern European Union, one can see the anchoring of the position of the cohesion policy as one of the most important policies of the organization, and within it its growing role of "territorial cohesion". In legal terms this is reflected even in Treaty on European Union, and clearly confirms the same meaning given to the territorial dimension as economic and social dimensions were given in previous treaties. This fact, can have a significant impact on the shaping of the future of European territorial cooperation – its priorities, benchmarks, implementation forms and purposes. Increasing importance of territorial cooperation is strictly connected with the role of the European Grouping of Territorial Cooperation (EGTC), which is one of the most important new instruments for its implementation.

Między niepodległością a Unią Europejską. O paradoksach postawy Szkockiej Partii Narodowej wobec Brexitu

Author(s): Tomasz Czapiewski / Language(s): Polish Issue: 46/2017

The purpose of this article is to explain the attitude of the Scottish National Party (SNP) towards European integration, based on a study of its activity in two campaigns – before the independence referendum in Scotland in 2014 and the referendum on continued membership of the United Kingdom in the European Union (EU) in 2016. Reciprocal links between the two events are perceptible even to a passing observer of the British Isle’s political life. The question of the EU membership was one of the most important topics in the independence referendum’s campaign, and the result of the European referendum has been widely interpreted in the context of the second independence referendum. By analyzing and comparing the referendum’s campaigns in the 2014 and 2016 and the period immediately after the announcement of the results of a European referendum, it can be seen that SNP presented the pro‑European stance in each of them, but using different sets of arguments. The concept of paradox, used in paper’s title, is a summary of a number of observations regarding the SNP’s complex relationship with the project of European integration. Although the aim of the party is to regain independence, the limitations of sovereignty, which according to many are associated with membership in the EU, do not raise critical assessment. The support for the European integration continues unabated despite the dominance of negative attitudes towards the Scottish independence movement among the European elites. Similarly, the party seems not to notice the level of euroscepticism among its electorate. And finally, what is the most interesting – on the one hand, the possibility of another independence referendum has not resulted in a change of the attitude towards Brexit, on the other hand in the same campaign it could be seen, that for SNP maintaining public support and a dominant position in relations with other parties in Scotland was more important that preventing Brexit.