Download

"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.

More...

Download

#33 Extortion racketeering in the EU: vulnerability factors

Author(s): Atanas Rusev,Lorella Garofalo,Elena Sciandra,Andrea Gimenez-Salinas,Carmen Jorda,Manuel de Juan Espinosa,Tihomir Bezlov,Margarita Gasparinatou,Irene Stamouli,Sofia Vidali,Marina Marchiaro,Valentina Giampietri,Radu Nicolae / Language(s): English / Publication Year: 2016

Extortion racketeering has been long pointed out as the defining activity of organised crime. Although in recent years this crime has not been among the top listed organised crime threats in the strategic EU policy documents, it still remains ever present in European countries. The seriousness of the phenomenon has been recognised at the EU level and the crime has been listed in a number of EU legal acts in the field of police and judicial cooperation in criminal matters. The report Extortion racketeering in the EU: vulnerability factors analyses extortion racketeering forms and practices in six EU member states. The analysis disentangles the risk and the vulnerability factors for enterprises in two business sectors – agriculture and hospitality – as well as in the Chinese communities. Drawing on the results of the analysis, the report suggests new policies for tackling extortion racketeering in the EU. This report has been produced with the joint efforts of the Center for the Study of Democracy, Instituto de Ciencias Forenses y de la Seguridad – Universidad Autónoma de Madrid, Transcrime – Università Cattolica del Sacro Cuore di Milano and Vitosha Research and with the support of Guardia Civil in Spain.

More...

Download

#34 Monitoring Radicalisation: A Framework for Risk Indicators

Author(s): Rositsa Dzhekova,Mila Mancheva,Nadya Stoynova,Dia Anagnostou / Language(s): English / Publication Year: 2017

Radicalisation processes impacting on disaffected and indoctrinated persons and the later involvement of some of them in acts of terrorism are of growing concern for European citizens, their governments and the wider international community. Addressing this threat requires effective prevention policies which some EU member states have been proactive in developing. Effective policies need reliable diagnostic tools designed to identify individuals and groups who might pose a threat. The publication provides a review of existing approaches and tools to identifying, monitoring and assessing radicalisation in Europe and beyond. It further offers a conceptual framework of radicalisation risk and vulnerability indicators and their interpretation as a basis for developing early-warning mechanisms for frontline practitioners in countries which are yet to develop specific prevention and counter-radicalisation policies. The target group of the guide are policymakers at national and EU levels, as well as practitioners directly involved in the prevention of radicalisation in Central and Eastern Europe and beyond.

More...

Download

#35 Situational Assessment of Extremist Trends

Author(s): Rositsa Dzhekova,Luděk Moravec,Pavlína Bláhová,Jan Ludvík,Libor Stejskal,Dia Anagnostou,Dimitris Skleparis,Nadya Stoynova / Language(s): English / Publication Year: 2017

Violent extremism is one of the major challenges Europe is currently facing. The threat is both external as well as internal as indicated by the rise in home-grown Islamist terrorists, as well as of nationalistic and anti-immigrant movements and far-right aggression. An accurate picture of the spread, nature and trends in the extremist and terrorist activity and actors is paramount to formulating strategic policy approaches and effectively allocating available resources. This publication provides a methodological framework for the establishment of a viable mechanism for monitoring and assessment of the state and developments over time in extremist acts and actors on the national level. The situational assessment is an instrument for systematic collection and analysis of statistical data, open source data and intelligence information pertaining to extremist actors and activities, for the purposes of developing regular situational reports of the spread, nature and trends in extremism and violent radicalisms. Following the application of the situational assessment tool, the publication presents main findings on extremist trends and monitoring capacities in three countries from Central and Southeast Europe: Bulgaria, the Czech Republic and Greece.

More...

Download

(Un)realistic neutrality. Attempts to redefine Belarus’ foreign policy

Author(s): Kamil Kłysiński / Language(s): English / Publication Year: 2018

The continuing conflict between Russia and Ukraine, together with the increased tension in relations between Russia and the West, have led the Belarusian authorities to attempt to redefine their country’s foreign policy by stressing neutrality towards the two sides in the conflict. As a result, over the last year or so Belarus has clearly adopted a non-committal stance. Minsk is trying to play the part of a neutral mediator in the hope that this will safeguard it in the event of escalation of tensions between Russia and the West, which is seen as the greatest threat to the country’s security at the present time. Thus Minsk is returning to the notion, discussed in the early 1990s, of Belarus striving for neutrality. Officially, the goal of neutrality is still stated in the Belarusian Constitution. However there are serious limitations to the effectiveness of this new strategy, due to Minsk’s close military alliance with Moscow, and therefore Belarus will not be entirely credible on the international stage as a country that wishes to remain neutral.

More...

Download

A #Colectiv Responsibility to Fight Corruption: Romania’s Nightclub Fire Protests Singe the System

Author(s): Anita Sobják / Language(s): English / Publication Year: 2015

The tragic fire in Club Colectiv in Bucharest shed light on the broader systemic problems of corruption. The resulting and quickly swelling public outrage fits in with a series of anti-systemic protests in Romania in recent years. A change of government resulting from the prime minister’s swift resignation will bring no immediate relief to an ailing system. For that to happen, more efforts are needed on all fronts: among the political elite, civil society, as well as Romania’s external partners. The latter can be important in preventing political destabilisation and promoting positive change.

More...

Download

A game played according to Lukashenka’s rules: the political opposition in Belarus

Author(s): Tomasz Bakunowicz / Language(s): English / Publication Year: 2015

The Belarusian opposition is currently experiencing its deepest crisis since Alyaksandr Lukashenka took power in 1994. Following many months of negotiations, opposition leaders failed to select a joint candidate for the presidential election scheduled for 11th October. The failure of this latest round of talks has proven that not only is the opposition unlikely to threaten Lukashenka’s rule; it will not even be able to demonstrate to society that it could provide a genuine alternative to the present government.The presidential election in 2010 was a painful landmark for the opposition. The repression that accompanied the election has largely weakened political circles opposed to the government. Against this backdrop, the traditional internal problems of the opposition have worsened, such as its incapacity to reach agreement and develop a common, coherent operational strategy, the excessive ambitions of the leaders of particular groups, the low level of political maturity, mutual distrust and frequent personal conflicts. As a result the opposition has for years been unable to gain confidence in society and reach beyond the limited number (20%) of staunch proponents of democratic transformations. Given the fact that the Belarusian opposition is fragmented and lacks one clear leader, the readiness to support individual leaders does not exceed several per cent, according to independent surveys. Lukashenka’s present political opponents rather resemble a group of dissidents, than constitute a genuine opposition to the government. The crisis and helplessness of opposition circles are more acute given Belarus’s internal situation since for the first time Alyaksandr Lukashenka will run his presidential campaign in the context of the economic crisis and a forecasted fall in GDP.

More...

Download

ABOUT THE CHILD'S REFUSAL TO LEAVE THE DEBTOR AND THE PRINCIPLE OF THE CHILD'S SUPERIOR INTEREST - STORY WITHOUT AN END

Author(s): Maria-Magdalena Cardis / Language(s): English / Issue: 2/2019

Unlike the previous regulation, in the current Code of Civil Procedure there are de facto rules that should give a solution to the situation in which the child refuses to leave the debtor, even if he was entrusted with a decision of the court to another person. . However, the effect of the rules in question is uncertain and the legal mechanism is inconsistent, despite the fact that it is supposed to work in compliance with the principle of the superior interest of the child. The present article does not aim to provide an absolute solution regarding how to proceed in this situation, but only to analyse some issues that have virtually no solution, as well as how they could have a positive effects, based on the existing legislation, starting from the premise observance of the principle of the best interests of the child.

More...

Download

ABUSE OF RIGHT IN ADMINISTRATIVE LAW : THE FOUNDATIONS OF THE CONCEPT

Author(s): Jerzy Parchomiuk / Language(s): English / Issue: 1/2018

The concept of abuse of rights is universal in nature and is present in all branches of law. The development of scholarly opinion and jurisprudence led in time to the introduction of the prohibition on abuse of rights as a general principle of administrative law, understood as a ban on the use of rights or powers in a manner inconsistent with the purposes for which they were established or in violation of constitutional and axiological order. This paper is a presentation of a model that describes basic characteristics of abuse of right in administrative law. These basic characteristics can be summarized in a few theses as follows: (1) subjective variability – prohibition of abuse applies to both the authority as well the individual; (2) strong links between abuse and circumvention of law – abuse of right is often aimed at avoiding the application of those norms of administrative law which the individual considers to be disadvantageous to her/him; (3) different legal basis of the prohibition of abuse – general principles of law (e.g. the principle of good faith), specific regulations referring to specific powers, immanent limits of the powers or the right; (4) “axiological entanglement” – links with universal, basic administrative law values: legality, rule of law, certainty, justice and common good; (5) vague boundaries and casuistic nature, making it difficult to formulate generalized conclusions, especially with regard to the consequences of abuse of right.

More...

Download

Aftermath of the Maidan. Ukrainian society two years after the revolution

Author(s): Tadeusz A. Olszański / Language(s): English / Publication Year: 2016

Two years after the Revolution of Dignity, it is clear that hopes of a quick reconstruction and modernisation of the Ukrainian state as a political and institutional system have not been fulfilled. The resistance of the bureaucrats, politicians and oligarchs who make up the informal, corrupt systems has proven to be very strong, and the will of part of the political elite and the EU and the United States to implement the procedures they have suggested has proved insufficient. If not for the war and the economic collapse, which forced Kyiv to seek external financial assistance and political support, the modernisation of the state would have proceeded even more slowly and with yet greater difficulty.

More...

Download

Anatomia rosyjskiej wojny informacyjnej. Operacja krymska - studium przypadku

Author(s): Jolanta Darczewska / Language(s): Polish / Publication Year: 2014

Wojny informacyjne mają w Rosji długą tradycję. W ostatnich latach zostały zdefiniowane na nowo na gruncie teorii geopolityki, w myśl której są one środkiem do osiągania celów państwa w polityce międzynarodowej i wewnętrznej oraz jego geopolitycznej przewagi. Geopolityka dostarcza także ideologicznych uzasadnień strategii rywalizacji Rosji z Zachodem. W opozycji do ideologii liberalizmu promuje „neokonserwatywne mocarstwo postliberalne, walczące o sprawiedliwy świat wielobiegunowy, broniące tradycji, wartości konserwatywnych, prawdziwej wolności”. W kontekście rywalizacji „cywilizacji eurazjatyckiej” z „cywilizacją atlantycką pod przywództwem USA” objaśnia kryzys wewnętrzny na Ukrainie oraz przyczyny aneksji Krymu przez Rosję. Tekst stanowi próbę zrekonstruowania zarysu teorii wojen informacyjnych wyłaniającego się z prac czołowych przedstawicieli rosyjskiej geopolityki, Igora Panarina i Aleksandra Dugina, a także jej praktycznego zastosowania podczas operacji krymskiej.

More...

Download

ATTEMPT OF CLASSIFICATION OF THE PUBLICISATION OF CIVIL MATTERS BASED ON RECENT EXAMPLES FROM POLAND

Author(s): Anna Piszcz / Language(s): English / Issue: 1/2019

The purpose of this paper is to assess the phenomenon of the publicisation of civil matters in Poland against the background of the current legislation and the practice observed by the Author, as well as, based on the conducted analysis, to offer a classification of the publicisation. The analysis is based on the following main elements. First, it attempts to provide an overview of what may be considered the most significant features for each of the examples of this phenomenon. Third, it looks at what the publicisation is driven by and whether there is a fiscal function provided for in its case. Fourth, it analyses available data to verify whether there are growing numbers of decisions taken in each category of the publicisation outlined in the paper.

More...

Download

Beijing’s mistaken offer: the ‘16+1’ and China’s policy towards the European Union

Author(s): Jakub Jakóbowski,Marcin Kaczmarski / Language(s): English / Publication Year: 2017

Despite China’s growing political and economic involvement in Central and Eastern Europe (CEE), Beijing has not succeeded in making an attractive offer to the region’s EU member states – who make up the majority of the participants in the ‘16+1’ format. The financing model proposed by China, based on loans and favouritism towards Chinese companies, has proved to be unsuitable to local conditions. Therefore, the much-discussed infrastructure cooperation has not even started. Consequently, Beijing has failed to obtain the political tools which could have weakened policy coherence at the European level, or even divided the EU. In this context, the allegations appearing in the public debate that the countries of the ‘16+1’ have been fostering divisions within the EU seem to be substantially incorrect. As long as Central and Eastern Europe remains capable of pursuing its economic and developmental interests within the architecture of the European Union, the political risks coming from China’s capital inflow will remain limited. At the same time, the EU has room to facilitate constructive economic relationships between China and the Central European region. For example, it could reduce Beijing’s political pressure on CEE to use the specific, Chinese model for financing and building infrastructure. Cooperation at the EU level could also help to adapt the Chinese offer to the European business and regulatory environment.

More...

Download

Bezpowrotnie utracona przewidywalność: niemiecka scena partyjna po wyborach

Author(s): Artur Ciechanowicz / Language(s): Polish / Publication Year: 2017

Zarówno w samych Niemczech, jak i za granicą komentarze dotyczące wyborów w RFN zdominowane były przez analizę wyników uzyskanych przez antyimigrancką i antyislamską Alternatywę dla Niemiec (AfD), zwłaszcza na wschodzie i południu kraju. To, że partia wejdzie do Bundestagu, było niemal pewne na długo przed 24 września: wynik ugrupowania był tylko nieznacznie lepszy niż w przedwyborczych sondażach. Dużo gorzej niż w badaniach wypadły natomiast dwie partie masowe: CDU/CSU i SPD. I to właśnie ich wyniki mówią więcej o ewolucji politycznych tożsamości niemieckich wyborców oraz są kluczowe w ocenie i przewidywaniu wydarzeń na tamtejszej scenie politycznej. W najbliższej kadencji co prawda nie dojdzie do rozpadu starych partii i powstania w ich miejsce nowych, ale tradycyjne ugrupowania masowe nadal będą tracić bazę wyborczą. Zyskiwać mogą natomiast ideologicznie wyraziste ugrupowania, jak AfD, która będzie opozycją bezkompromisową. Jej obecność w Bundestagu spowoduje, że język debaty publicznej w Niemczech zaostrzy się, a narracje AfD i reszty ugrupowań staną się jeszcze bardziej rozbieżne.

More...

Download

Branding a Linguistic Turn in Nationalism. The Case of the Georgian Alphabet

Author(s): Dominik Gutmeyr / Language(s): English / Issue: 3/2020

Under the premise that language and script may constitute central elements in today’s nation building processes, this article argues that the Georgian alphabet holds a particularly important role in the articulation of a post-socialist identity for society as also for government foreign policy objectives in Georgia. By examining Batumi’s “Alphabetic Tower”, a 135m tall iron construction with the letters of the Georgian alphabet represented along a twisting double helix pattern, as well as the brand “Georgia. Made by Characters”, developed for Georgia’s status as guest of honour at the 2018 Frankfurt Book Fair, the paper demonstrates how internal nation building and external nation branding are intrinsically interlinked. Drawing on studies examining a linguistic turn in Georgian nationalism, I suggest that the script’s visual-iconographic rather than its phonographic dimension is used for intertwined identity politics and nation branding. The envisaged definition of Georgia as a nation of high and unique culture transcends the need for stabilizing new post-socialist national narratives from within. By defining itself as a nation based on cultural values, Georgia additionally attempts to position itself as culturally associated to Europe, thereby seeking to underscore the ambition of Euro-Atlantic integration.

More...

Download

Committing a Crime as a Reason to Limit the Ability to Perform Functions in Local Government Administration

Author(s): Janusz Bojarski,Natalia Daśko / Language(s): English / Issue: 4/2019

2018 local self-government elections in Poland were special ones. Brought tolight mismatching of provisions of the Electoral Code and Act on Local Self-GovernmentEmployees and attempt to use it to obtain an advantage in fight for political power causedpolitical emotions and legal controversies. The aim of this article is presents limits imposedby criminal law on right to be elected in this type of elections and more general, role of criminallaw as a tool in politics. The article presents a problem of conflict of legal regulationsregarding the right to be elected and perform a public function in a local self-governmentunit as a problem of conflict between will of voters and attitude of politicians to creation oflaw and aim they try to obtain.

More...

Download

COMPREHENSIVE ANALYSIS OF SOUTH SUDAN CONFLICT: DETERMINANTS AND REPERCUSSIONS

Author(s): Frederick Appiah Afriyie,Jian Jisong,Kenneth Yaw Appiah / Language(s): English / Issue: 1/2020

South Sudan, which separated from Sudan in 2011 after nearly 40 years of civil war, was embroiled in a new devastating conflict at the end of 2013. This happened when political disputes coupled with preexisting ethnic and political fault lines became brutal. This conflict has mostly targeted civilians and most often, ethnic groups, and warring parties have been accused of war crimes and crimes against humanity. The conflict has resulted in a major humanitarian crisis, mass displacement and mass atrocities against South Sudanese citizens. Notwithstanding, instability in South Sudan has made the country one of the most dangerous countries for humanitarian aid workers in the world, especially as majority of them have lost their lives during their operation. In view of this, the article seeks to interrogate the main driving forces that triggered the deadly conflict and also the ramifications brought upon the population as well as the country.

More...

Download

CONSULAR COOPERATION IN THIRD STATES: SOME ASPECTS CONCERNING EUROPANISATION OF FOREIGN SERVICE FOR EU CITIZENS

Author(s): Erzsébet Csatlós / Language(s): English / Issue: 1/2017

The EU does not aim to harmonize the public administration of Member States, although, in recent years, there have been several examples which prove that EU legislation in whatever policy inevitably and unavoidably results in some standardization. In 2015 the EU replaced its former decision with a directive to enhance Member States to co-ordinate consular assistance in third States. Every EU citizen has the right to enjoy, in the territory of a third State in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State. This provision of Article 23 of TFEU not solely requires the cooperation of administrative authorities of foreign service but implicitly means a kind of harmonization of substantive law, leads to organizational changes and affects administrative procedural rules of Member States.

More...

Download

CONTRACTUAL TERMS AND CONDITIONS IN THE CONTEXT OF THE PUBLIC PROCUREMENT PRINCIPLES AND LEGAL COMPETENCE OF THE PUBLIC PROCUREMENT OFFICE IN SLOVAKIA

Author(s): Peter Lukáčka,Peter Kubolek / Language(s): English / Issue: 2/2018

This article focuses particularly on identifying the limits of the problematic aspects of the formulation of the contract proposal or contractual terms and conditions as a part of the tender documents in the context of compliance with the principles of non-discrimination, economy and efficiency in public procurement. The authors concentrate on assessing the possibility of carrying out the supervision activities of the Public Procurement Office in reviewing the above mentioned categories of tender documents in order to ensure the fullfilment of the basic principles of public procurement.

More...

Download

COVID-19 i Rješenje Agencije za zaštitu ličnih podataka BiH

Author(s): Nihad Odobašić / Language(s): Bosnian / Publication Year: 2020

At the time of the COVID-19 pandemic spread, state authorities may introduce various measures and activities to protect public health. Such an activity was undertaken by authorities at certain levels in Bosnia and Herzegovina, who publicly disclose personal data of infected persons, as well as of those who are in isolation or self-isolation. The disclosure of this information was carried out regardless of the fact that the specified persons did not violate any measures previously introduced by the authorities. Given the possible limitation of the right to the protection of personal data, the Personal Data Protection Agency in Bosnia and Herzegovina reacted. With its decision from 24. 03. 2020. the Agency banned the disclosure of such personal data, and has ordered the removal of publicly released information so far. The paper presents basic provision of the Law on personal data protection in Bosnia and Herzegovina, as well as the most important international conventions that protect the right to protection of personal data. However, the focus of this paper is on examining the legality of Agency's decision, through the criteria from Article 8, paragraph 2, of the European Convention on Human Rights. The analysis in the paper concludes that the Agency has justifiably forbidden the disclosure of the personal data in question and thus properly protected the personal data of infected persons as well as of persons in isolation. The measure taken by the authorities is a measure that is not necessary in a democratic society, and it is concluded that the pursuit of the legitimate aim of protecting public health could also be achieved by a more lenient measure.

More...