HUMANITARIAN SECURITIZATION OF THE 2015 “MIGRATION CRISIS”: INVESTIGATING HUMANITARIANISM AND SECURITY IN THE EU POLICY FRAMES ON OPERATIONAL INVOLVEMENT IN THE MEDITERRANEAN

Author(s): Maciej Stępka / Language(s): English Publication Year: 0

The 2015 “migration crisis” has stimulated the European political imagination with an image of migration and border control as based on a mixture of humanitarianism and security. Indeed, the European borders and migratory routes have been increasingly framed in the media and political debates as the sites of a humanitarian and security emergency (see Dekker & Scholten, 2017; Greussing & Boomgaarden, 2017; Ibrahim & Howarth, 2017). The accounts of children dying in the Mediterranean have been reproduced together with images of uncontrollable crowds gathering at the borders, and again with overburdened reception centres with deplorable humanitarian conditions (see BBC, 2018; The Guardian, 2018; Reuters, 2018). All these framings have been (re)merging in the public debate, building a sense of humanitarian crisis, but also insecurity and uncertainty regarding the most suitable course of action at the European level. Regardless the European Union’s (EU) attempts to respond to the increased migratory flows, the humanitarian situation has been getting more severe, generating a political momentum for mobilization of more decisive, security-oriented and even militarized measures in dealing with the crisis. Consequently, the EU has decided to increase its operational and military presence in the Mediterranean with Frontexled Joint Operations (JO) (i.e. Triton, Poseidon and Themis) and Common Security and Defence Policy (CSDP) naval mission (i.e. EUNAVFOR MED Sophia), explicitly framing the mobilization of security capabilities as search and rescue and “live saving” operations.

RESTRICTION, PRAGMATIC LIBERALISATION, MODERNISATION: GERMANY’S MULTIFACETED RESPONSE TO THE “REFUGEE CRISIS”

Author(s): Axel Kreienbrink / Language(s): English Publication Year: 0

In 2015 and 2016, Germany faced an influx of asylum seekers on an unprecedented scale. How did the country react to this so-called “refugee crisis”? The response was a major effort at all levels of the federal state: the federal level, the Länder, the local authorities, but also civil society, welfare associations and NGOs. There have been countless measures in the most diverse fields of action (Grote, 2018). This article will specifically deal with the question of how and which legislative and administrative changes were put in place at the federal level in order to better manage the changing influx.

The Fundamental Parameters of Turkey’s New Migration Policy and Management Within the Terms of New Legislation

Author(s): Ali Zafer Sağıroğlu / Language(s): English Publication Year: 0

Turkey has developed into the sending, transiting and receiving position in regard of migration throughout the republic’s history. These characteristics have differed from time to time depending on the global migration trends. In the early period of the republic, ethnic concerns became the main influence of the policies. Like the other contemporary nation states, Turkey used migration as an instrument of “homogenization” and building the nation-state (Kirişçi, 2007; Erder, 2007, p:6). İskan Kanunu (settlement law), issued in 1934, is important to show a typical policy of the early period. Turkey maintained the iskân kanunu and was in force until recently. The iskan kanunu deteremined that only the Turks or people of Turkic origins including the Muslims coming from the ex-territories of the Ottoman Empire were accepted as an “immigrant” (İçduygu, 2007, p: 206).

EU-Turkey Readmission Agreement: Not a "Carrot" but More a ‘?’

Author(s): Ülkü Sezgi Sözen / Language(s): English Publication Year: 0

First of all, it is essential to point out the importance of the cooperation with the neighboring countries. Solely the protection of European Union's (hereinafter EU) borders cannot be successful unless neighboring countries cooperate in the fields of irregular migration and the fight against cross-border criminality and terrorism. In order to do this, the EU should offer a certain level of compensatory measures that incentivize such cooperation, such as economic privileges or visa facilitation. As an incentivizing measure, the EU recently signed readmission agreements with its neighboring countries and offered economic advantages, such as access to the single market, free trade agreements or the possibility of easier visa acquisition, which can be considered a "realistic option".

The future of the European Migration and Asylum Policy

Author(s): Judyta Cabańska / Language(s): English Publication Year: 0

Purpose: Migration is acomplex issue, with many facets that need to be weighed. Five years after the 2015 refugee crisis and the European Agenda on Migration, the EU still lacks a common migration and asylum policy. The aim of the chapter is to discuss the future of the migration and asylum policy in the European Union. Design/methodology/approach: The chapter analyzes the current migration situation in Europe, the impact of Covid-19 on migratory flows in Europe, challenges faced by the EU, and legislative initiatives proposed under the New Pact on Migration and Asylum. The text indicates key challenges related to migration faced by the European Union and provides an overview of the legislative proposals that seek to address the identified gaps. Findings: Covid-19 pandemic highlighted the need for the EU to be prepared to address situations of force majeure and broader crises, which impact migration and asylum management systems. The Pact on Migration and Asylum sets out the Commission’s new approach to migration, addresses border management, and ensures more coherence to integrate the internal and external dimensions of migration policies. Originality and value: The chapter attempts to contribute to the literature on international migration by delivering analysis results of Covid-19 pandemic’s impact on the migration flows in Europe and the analysis of EU’s new approach to migration and asylum policy.

Seznam zdrojů

Author(s): Author Not Specified / Language(s): Czech Publication Year: 0

English Summary

Author(s): Hubert Smekal,Ivo Pospíšil / Language(s): English Publication Year: 0

In this final chapter, we briefly summarise the main points raised in the preceding chapters, in order to locate overlaps and common insights. Readers accustomed to turning to the Conclusion right away, pondering subsequently whether it makes sense to read the whole volume, therefore face a much easier task. All contributions are recapitulated here, and we leave it to the reader whether to delve deeper. The book consists basically of two main parts: The first one includes chapters covering the issue of conflict between law and politics on the domestic level, while the second one is concerned with the international realm. As regards the former, our contributors predominantly deal with the problem of legitimacy of the kind of judicial activity whose impact extends well beyond mere passing decisions on individual legal cases; in particular, they focus on the activity of the Czech Constitutional Court.

Tourism in the European Union in the context of the Covid-19 Pandemic crisis

Author(s): Ioana Nely Militaru / Language(s): English Publication Year: 0

Tourism has as its legal basis the Treaty on the Functioning of the European Union of December 2009, a relatively recent date, given the importance of this area. Although it does not have a separate budget in the multiannual financial framework (MFF), it contributes significantly to the European Union's Gross Domestic Product and remains a good job seeker. The special measures at EU level, which have been taken in the field of tourism, concern: the interest of travelers and/or tourists, the interest of the tourism sector and regions. This area remains the most affected by the COVID Pandemic 19.

Online sales of medicinal products in the CJEU case-law – between the free movement of goods and public health protection

Author(s): Gabriela Belova / Language(s): English Publication Year: 0

The trans-border online purchase of medicines has been growing in the last decades. This paper provides an in-depth analysis of the relevant case-law of the Court of Justice of the European Union. The Luxembourg Court has addressed the issue of online sale of medicinal products on several occasions primarily from an internal market perspective. From its first judgments in cases Doc Morris, Ker-Optika and Pierre Fabre the Court tried to find the delicate balance between the freedom of goods within the European Union and the principle of protection of the public health. On the one hand, the Court tries to keep in line with the development of the internal market, including medicinal products sold online and on the other hand the public interest has been always observed, in particular the protection of public health. The article pays attention to one of the legislative initiatives of the European Commission in this field as well as to the newest judgments of the Court of Justice of the European Union.

Adaptation of the Penal Response to the Globalization of Criminality

Author(s): François-Xavier Roux-Demare / Language(s): English Publication Year: 0

The evolution of international economic-political relations and the means of communication has required, for a long time, a review of the apprehension of spaces and borders. The jurist was not excluded from this reflection, quite the contrary. The criminal sciences – despite the traditional term of “sovereign matter” – have had to adapt to an obvious evolution. The situation is not new; crime is becoming international. Nevertheless, it is no longer a question of being limited to the international crimes creating international criminal law, but of the necessary response of an international criminal law. In fact, alongside crimes that undermine the international public order, States must fight against an internationalized crime. The physiognomy of this crime is now acquired: internationalized, interpenetrated and professionalized. Borders do not seem to be an obstacle to crime. The globalization of exchanges and means of communication strengthens the effectiveness of criminal bands. To this criminal evolution, the States had to react. Again, this is not a recent response. Quickly, the national police collaborated to fight against a blatant and detestable impunity through the game of borders. However, and in order to face the increase in this crime benefiting from the disappearance of borders, States had to overcome their sense of sovereignist withdrawal. The European Union illustrates this new response, going beyond traditional criminal cooperation to ensure a real criminal integration.

Nowe ramy efektywnego opodatkowania dochodu przedsiębiorstw w Unii Europejskiej

Author(s): Anna Siwiec / Language(s): Polish Publication Year: 0

Purpose: The aim of the chapter is to present the latest corporate income tax (CIT) reform proposal developed by the European Commission in cooperation with the OECD. The proposed reform provides for the introduction of new rules in international corporate taxation, which are to contribute to increasing the efficiency of this taxation. As the initiative is supported by most OECD countries, including most EU countries, it is highly probable that it will be implemented. The chapter also presents a preliminary assessment of the implementation of the reform in the European Union countries. Design/methodology/approach: The used research method was the analysis of materials published by the European Commission and OECD by the end of August 2021, as well as their comparison with the currently applicable legal solutions or the current proposals regarding the taxation of trans national corporations (TNCs) in the EU. Findings: As a result of the analysis of the materials presented by the European Commission and OECD, the chosen direction of changes was recognized as justified, however, requiring consideration of the interests of less digitized economies. The chapter presents the potential positive and negative effects of the reform for the EU countries, as well as indicates the countries that can lose the most in terms of budget revenues from CIT.

Wpłaty od plastikowych odpadów opakowaniowych niepodlegających recyklingowi – nowe źródło dochodów budżetowych Unii Europejskiej

Author(s): Maciej Cieślukowski / Language(s): Polish Publication Year: 0

Purpose: To present the construction of a new source of EU budget revenues (contributions from non-recyclable plastic packaging waste) and its assessment against the EU’s own resources system from the point of view of the set criteria. Design/methodology/approach: The study is of a literature and empirical character. The research consists of four stages. The first stage presents the evolution of the EU’s own resources in the period 1951–2020. Domestic literature and EU source documents in Polish and English were used. In the second stage, the construction of a new source of revenue was presented.The legal regulations of the EU were used. The third stage is the presentation of the proposed burden-sharing for the new resource between Member States in 2022. For this purpose, internal regulations and EU statistical data was used. In the final stage of the research, the new sourceof revenue was assessed against other own resources according to the criteria set (simple structure, transparency, fiscal stability and efficiency, link with the EU policy, low collection costs, fair burden sharing, financial autonomy). EU source material was used for this. The study mainlyuses the method of descriptive analysis, and for the assessment of own resources—also the method of qualitative multi-criteria analysis. Findings: The analysis shows that the new source of revenue is primarily characterized by a simple structure, low collection costs, is also closely related to the EU environmental policy, and ensures a relatively fair burden-sharing between the Member States. On the other hand, the weaknesses of the new source are poor transparency and poor fiscal efficiency. As a result, it provides the Union with little financial independence. The new source of revenue generally improves the quality of the entire system of UE own resources.

Działalność tradycyjna kół gospodyń wiejskich jako forma partycypacji społecznej

Author(s): Małgorzata Ewelina Szymańska / Language(s): Polish Publication Year: 0

Cultural heritage is a part of the economy that should be successfully used. Traditional food products are becoming a kind of investment for local communities and an incentive to achieve socio-economic benefits. They are part of the heritage, and given the changing trends and the growing demand for local food products, they can contribute to the development of entrepreneurship. Every economic initiative starts with an idea and a resource on which ideas can be developed. All these classic elements of entrepreneurship work the same for products created on the basis of the local food product heritage. The development of entrepreneurship inspired by the heritage of the local food product makes it possible to implement especially those undertakings whose idea is based on locality, neighborhood, ecology, nature, social authenticity and corporate responsibility. This is the opportunity to create something unique, different from the competitors’ offer. The combination of traditional products with modern methods of processing, presentation and sales creates an innovative, highly competitive product. Products of local food heritage create a new clientele among tourists who are more and more aware consumers and residents who want to identify with the place of origin or residence.

NEKE PRETPOSTAVKE ZA BRISELSKU BOSNU I HERCEGOVINU

Author(s): Omer Ibrahimagić / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

This paper discusses the process of accession of Bosnia and Herzegovina to the European Union and the Euro-Atlantic security system at a time when Bosnia and Herzegovina’s state structure is regulated under the Dayton Agreement, according to which the main pillar of the political order is the rule of three ethnic groups instead of citizens, which therefore instead of democracy introduced the rule of ethnocracy. The consequence is that even 20 years after Dayton Bosnia and Herzegovina is still not a functional state, because the entities created by ethnicity (Serbs in the Republika Srpska, Bosniaks and Croats in the Federation of BiH) have become self-sufficient (entitocracy) and disinterested in the creation of a single state policy. Therefore, BiH has no strategy of socio-economic development and lags behind in meeting the requirements for joining the European Union, for which two-thirds majority of its citizens have voted. This paper offers proposals whose adoption would achieve at least some assumptions to accelerate the process of transition of Bosnia and Herzegovina from Dayton (chained with ethnicities and entities) into Brussels (dynamic-civil) phase of its EU accession.

Wykorzystanie kaskad kopuli w agregacji ryzyka w procesie wyznaczania kapitałowych wymogów wypłacalności w Solvency II

Author(s): Krystian Szczęsny / Language(s): Polish Publication Year: 0

One of the basic aspects of the Solvency II Directive introduced in 2016 is the protection of the insured against the insolvency of insurance companies. For this purpose, by aggregating the solvency capital requirements for the specific types of risk to which the insurer is exposed, the solvency capital requirement (SCR) and the diversification effect (ED) are determined. Insurers are able to calculate the SCR using the Standard Formula given by the authors of the Directive or internal models developed by their insurance companies. The Standard Formula is based on the variance-covariance method, which assumes a constant correlation matrix that defines the relationships between aggregated risks to which the insurer is exposed. The aim of the research is to use, in internal models, pair-copula constructions in order to model the relationship between aggregated risk modules. The structure of the relationship between the aggregated risks is modeled with the use of C-vine and D-vine copula, while the range of possible SCRs resulting from various dependency modeling methods is determined using the ARA (Adaptive Rearrangement Algorithm). In the study, the author arbitrarily assumes loss distributions for the insurer’s five major risk modules, i.e. market, counterparty default, life, health, and non-life modules. The author compares the ED obtained by the variance-covariance method,the ED obtained with the use of copula and the ED corresponding to the upper limit of the SCR determined by the ARA algorithm. The conducted research shows how important in the SCR and ED determination process is the role played by the correct identification of the structure of the relationship between aggregated risks and presents the possibilities of using pair-copula constructions for this purpose.

Inteligența artificială și dreptul la viața privată

Author(s): Daniela Ghituleasa (Duță) / Language(s): Romanian Publication Year: 0

This study aims to present, from a legal perspective, how different technologies and the use of artificial intelligence systems may affect the right to privacy or may change the way an individual chooses to perform certain tasks. The research focuses on the legal framework of the right to privacy, proposals, new regulations and legislative changes that apply to the use of artificial intelligence systems globally.Secondly, it proposes to analyze the possibility that the AI impact assessment on the right to privacy, the guarantees provided and a well-defined legal framework can reduce the negative effects of the use of artificial intelligence systems.Can technology, mass digitization and the functioning of artificial intelligence lead to violations of rights and freedoms, especially the right to privacy? On 21st of April 2021, the European Union published a proposal for a Regulation of the European Parliament and of the Council laying down harmonized rules on artificial intelligence and amending certain Union legislation (Artificial Intelligence Regulation) ensure that artificial intelligence systems placed on the EU market are secure and comply with existing legislation on fundamental rights and security requirements for artificial intelligence systems.

Excurs în politicile de securitate pe linia prevenirii terorismului în mediul online

Author(s): Cristian Popa,Romeo-Ioan Gârz / Language(s): Romanian Publication Year: 0

Considering a legal analysis of the national and European provisions on the security policies that states apply to the prevention of online terrorism, it can be concluded that terrorism continues to pose major potential threats to national security. At the national and community level, there has been a systematic concern about identifying and regulating appropriate measures to manage the manifestations of terrorist organizations in the online environment. We point out that, since the 2000s, most terrorist entities have been and are present in the online environment in various forms of manifestation and promotion of their action objectives, and the internet and social networks are for them an easy and ideal platform for propaganda clandestine actions. The purpose of this propaganda is: (1) to expose ideas, concepts and attitudes that define the terrorist ideology, the justification of the cause and the popularization/promotion of the terrorist organization; (2) to recruit new followers and radicalize them along the lines of the terrorist entity; (3) to raise financial funds; (4) to mobilize followers to commit acts of terrorism. The main national and European regulations on the prevention of online terrorism are Law no. 535/2004 on preventing and combating terrorism, Directive (EU) 2017/541 of the European Parliament and of the Council of Europe of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Decision 2005/671/JHA of the Council and Regulations (EU) 2021/784 of the European Parliament and the Council of 29 April 2021 on the prevention of the dissemination of online terrorist content. Directive 541/2017 and in its application the Law 535/2004 lays down the online removal of terrorist content which constitutes a public incitement to commit a terrorist offense, and where this is not feasible, mechanisms with effective means of combating terrorism on the internet may be put in place to block access to such terrorist content on the territory of the Union. Also, according to Regulation 2021/782, the presence of online terrorist content has proven to be crucial in promoting the radicalization of people and can lead to and cause/instigate the commission of terrorist acts and therefore has serious negative consequences that are difficult to be quantified by users, citizens, and society in general, as well as by online service providers that host such content, as it undermines user confidence and harms their business models.

The European Problem Regarding the Acceptance, Integration and Prevention of Crime Towards Migrants and Refugees

Author(s): Ana Campina,Carlos RODRIGUES / Language(s): English Publication Year: 0

The Migration in a global perspective is contemporary of the Human life, with the most different motivations, in each time and place, within the specific legal frame- works depending on the State law and the International Law. Consequently, in the human global mobility there are different positions and possibilities to these human beings by political, social, economic, and cultural powers. The continuous research is an academic and scientific need, being focus on the global migration and refugees, considering the international legal meaning. There are Regions and States where the Migrants and Refugees are welcome, accepted, and integrated, not only by the legal point of view but the governs behaviors, public policies, social reception, economic and financial support/investment, but in contrast, there are completely opposite positions generating serious problems since the denial to the abandon of millions of human beings. Since the Arab Spring, the reality for millions of Refugees is dramatic by the violation of the Human Rights, the International Law, and States Fundamental Rights. The Public Opinion is vulnerable to the manipulated information in different States, so it has provoked the discrimination, rejection, and violence against Migrants and Refugees. However, it ́s basic to understand the serious context as there are international movements, involving International organized crime acting with Migrants and Refugees – human trafficking, smuggling, exploitations, violence, and all kind of violations. The International Security – legal, protection and criminal (re)action, police authorities – between States and International Organizations have developed different reactions. This is a serious and difficult problem needing a permanent effective work of all structures to protect millions of Human beings. The European Union, working together the international community, as well as with the most different movements – public and/or private – need to develop a concerted and strategic work receiving and integrating the Refugees, which measures must cover and protect all in Europe, regardless their origin.

Artificial Intelligence to Counter Cyber-Terrorism

Author(s): Serena BIANCHI,Marina MANCUSO,Caterina PATERNOSTER,George KALPAKIS,Theodora TSIKRIKA,Stefanos VROCHIDIS,Denitsa KOZHUHAROVA,Bernhard JAEGER / Language(s): English Publication Year: 0

This paper discusses the role of disruptive and innovative technologies for countering the spread of terrorist online content (TCO). In particular, it focuses on the use of Artificial Intelligence (AI) in support to Host Service Providers (HSPs) and Law and Enforcement Agencies (LEAs). The violent and terrorist content is more and more disseminated online taking advantages of the opportunities offered by Internet. The diffusion of terrorist propaganda has a negative impact on the civil society and poses several risks. For this reason, the European institutions published in 2021 the Regulation (EU) 2021/784 to address the misuse of hosting services for the dissemination to the public of TOC. It regulates the measures to be applied by HSPs and Member States’ authorities in order to identify and ensure the quick TOC removal and to facilitate cooperation with each other and Europol. In order to be compliant with these dispositions, AI-based disruptive technologies can provide LEAs and HSPs, especially the small and micro-ones, a concreate support. The implementation of the Regulation and the use of AI technologies have legal and ethical implications that have to be considered. The paper is based on the work and preliminary research conducted in the framework of the European funded project ALLIES, “AI based framework for supporting micro and small Hosting Service Providers (HSPs) on the report and removal of online terrorist content”, Grant Number 101080090.

SISTEMUL DE LECȚII ÎNVĂȚATE LA NIVELUL ALIANȚEI NORD-ATLANTICE

Author(s): Stefan Săvulescu,Ivan Lucian / Language(s): Romanian Publication Year: 0

Through the system of lessons identified, those features can be identified that have the potential to make the work of security organisations more effective. In this context, a viable lessons learned system has been adapted and implemented at NATO level and has become a fundamental strategic component of the management system responsible for organisational development. The implementation of the Lessons Learned System at the level of the Ministry of Internal Affairs arose also from the need to have a mechanism that would allow the transfer of knowledge in an efficient and rapid way to all staff, against the background of a particular staff dynamic, the model being mainly the one adopted at NATO level that has proven successful over time. The lessons learnt system at Ministry of Internal Affairs level has been institutionally adapted from the one developed at NATO level, which was previously taken over also by the Ministry of National Defence. Lessons learned implemented on the basis of the NATO model are of value through their use in: the planning of actions carried out by military organisations and those responsible for maintaining, ensuring and restoring public order; ensuring interoperability between the structures of the Ministry of Internal Affairs and the Ministry of National Defence; the development of operational, procedural and technical standards; the field of logistical procurement; the field of education.