"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.

"Przestępstwa bez ofiar" w świetle polskiej Konstytucji oraz orzecznictwa Trybunału Konstytucyjnego

Author(s): Michał Szymański / Language(s): Polish / Issue: 1/2018

The term “victimless crimes” is one of the leading concepts of American criminology, also used by libertarian circles. It assumes that acts that do not cause harm to the other person (or are made with his consent) should be legal. This theory has also found a resonance in American constitutionalism, whereas in Polish science of constitutional law this concept is virtually unknown. The case law of the Constitutional Tribunal is also more conservative and paternalistic than libertarian. The Tribunal did not consider unconstitutional provisions to drive a car with fastened seatbelts. Possession of marijuana for own use also, in the Court’s opinion, may also be prohibited by Polish law and the justifi cation used typical conservative arguments. The Polish Constitution also protects public morality, which is in direct contradiction to libertarianism. The author of the concept, Edwin Schur, also considered abortion as “victimless crime”. The Constitutional Tribunal has an extremely diff erent position, recognizing the need to protect unborn life. The axiology of the Polish Constitution is closer to the same spirit of Christian democracy than to extreme liberalism.

#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.

#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.

#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.

(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.

...AND JUSTICE FOR ALL. LEGAL INTERPRETATION ON DEMOCRATIC VALUES

Author(s): Brindusa Gorea / Language(s): English / Issue: 1/2018

The democratic ideal of justice for all is challenged in the contemporary world by the conflicting nature of the values that Law is called to defend. The accelerated rhythm of social change causes law to fall behind life, and over-regulation is not the solution to create a "living justice". It is the responsibility of judges to adapt Law to the changing needs of society, and in the continental legal tradition these judges apply the law, but do not create it. In this paper, we argue that this traditional view of the judge`s role is outdated and that we must acknowledge the increasingly interpretative role of the courts. History has proven that laws can be unjust and even criminal, but the principles and values of the Law are perennial. When law contradicts Justice, it is the judge's duty to make use of his own moral sense and interpret law extensively in accordance with the situation and the idea of Justice. Meanwhile, as a guardian of the "living justice", the judge has a huge social responsibility that goes far beyond mere legal (disciplinary, civil and criminal) liability. Consequently, it is imperative that we take additional precautionary measures in the appointment and the evaluation of judges. In our opinion, this is the kind of public matter we should debate, rather than the one regarding the magistrates' liability. After all, when we speak of liability, the malicious act has already been done. It is preferable to focus on preventing injustice and other social illnesses and to build a society that is healthy, adaptable and ready to face the challenges of the future. This is the only way to continue to aspire to the ideal of justice for all, and manage to harmonize so many contradictory democratic values, such as freedom and responsibility, unity and diversity, citizens' liberties and public security. The coexistence of values can only be the result of a continuous interpretive effort that excludes any a priori suppression of some of the values in favour of others.

110 lat polityki publicznej w Wielkiej Brytanii (1910-2010)

Author(s): Piotr Jachowicz / Language(s): English,Polish / Issue: 1/2014

The subject of this study is the evolution of British public policy between 1900 and 2010 with to the special focus on budgetary, monetary and social policy, as well as policy towards the public sector. This period was characterized by a steady, yet non-linear rise in economic and social activity of the state. Sudden increases were caused by one of three categories of events: wars, economic crises and changes at the highest levels of government. As a result, the history of British public policy in between 1900 and 2010 is divided into the following stages: 1) 1900-1931 - decline of the liberal era; 2) 1931-1951 - steady increase in the state's economic activity; 3) 1951-1979 - systemic stabilization at a high level of state involvement in economic and social issues; 4) 1997-2007 - attempt to return to economic liberalism; 5) 2007-2010 - a period of volatility and the search for new public policy principles.

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

Author(s): / Language(s): English / Publication Year: 2009

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.

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.

A PRACTICAL EXAMINATION OF THE USE OF EVIDENCE BEFORE MAGISTRATES OF THE PRELIMINARY CHAMBER

Author(s): Lucian Chiriac / Language(s): English / Issue: 3/2018

The Romanian Constitutional Court ruled through two decisions, nr.641 of 11 November 2014 and nr.802 of 5 December 2017, accepting the hypothesis in which any means of evidence is acceptable during the phase of the preliminary chamber hearing, and, we would add, not only to verify the legality of administrating evidence during the criminal indictment. It is our opinion that the preliminary chamber must constitute a bastion of verifying the necessary evidence for establishing the truth in a trial.

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.

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.

Actual Problems with Distinctions between Private Relationships and Public Relationships

Author(s): Juraj Vačok / Language(s): English / Issue: 1/2020

The distinction between private relationships and public relationships is connected with a lot of problems in praxis. The nature of the legal relations has an impact on the position of participants in these legal relations and the possibilities to protect their rights. The current line between private relationships and public relationships is still weaker. There are also the possibilities to find the opinions that the distinction between public law and private law is overcome. In the study, the author pointed to some particular situations where there were problems with the determination of the kind of legal relationship and consequences which are connected with this. Finally, he tried to formulate the development possibilities in the future.

Administracja samorządowa i instytucje kultury w województwie podlaskim. Podstawy regionalnej polityki publicznej

Author(s): Cezary Mielko / Language(s): English,Polish / Issue: 3/2017

The subject of the analysis in the article is the participation of the local government administration in running a cultural institution. The situation in the Podlaskie voivodship 100 Cezary Mielko Studia z Polityki Publicznej has been analyzed on a nationwide basis. The main problems focus on the principles and methods of financing cultural institutions by regional self-government and various ways of obtaining additional, extra-budgetary funding for their activities, especially from Ministry of Culture and National Heritage and the European Union. The author points to spatial, social, and financial diversification related to the access to cultural events and participation in them using the example of Podlaskie voivodship. He propounds greater professionalisation related to running cultural institutions at the level of the voivodship as well as conducting pro-development cultural policy by local government units. He also stresses the need for activating local and regional communities in connection with cultural events and participation in organizing them. Participation in culture at the local and regional level and prudent government policy in this area are the foundation for building a strong social and regional identity.

Administrative Coercion in the Activity of Law Enforcement Bodies

Author(s): Zhanar Amanzhanovna KEGEMBAYEVA,Abzal ABDIKHALIKOV / Language(s): English / Issue: 41/2019

This research dwells on the concept, specifics and classification of administrative and legal coercive measures used in the activities of law enforcement bodies. The authors of the article consider legal grounds for their application and the system of bodies applying administrative coercion as two separate phenomena. They also provide general characteristics of the international application of administrative coercive measures and address the issues of applying the chosen measures of administrative and legal coercion. The article aims at analyzing the notions, features and general characteristics of the main administrative coercive measures used in the activities of law enforcement bodies in Kazakhstan. The paper presents conclusions and suggestions on the implementation of administrative and legal coercive measures used by law enforcement bodies. In addition, it considers the possibility of utilizing international experience in training employees who apply administrative coercive measures.

ADMINISTRATIVE POLICE IN THE PUBLIC ECONOMIC LAW – THEORETICAL PERSPECTIVE IN THE POLISH LAW DOCTRINE

Author(s): Karol Dąbrowski / Language(s): English / Issue: 1/2020

The subject of the study was the interpretation of the term “administrative police” in the Polish legal doctrine. The research had to acquire a new knowledge about the broader possibilities of understanding this term in the context of the comparative studies. Making this term more comprehensible, precise, with an emphasis on the position in the security system, genesis of the legal institutions, reception of law and cultural diffusion was the research task. The research problem was related to the group with the following questions: how the term “police” was understood? What meanings were given to it? Whether it concerned the object of the activities of the police authorities or the subject, i.e. only the authorities?

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.

AKSJONORMATYWNY PARADYGMAT NAUKI PRAWA ADMINISTRACYJNEGO I JEGO METODOLOGICZNE KONSEKWENCJE DLA NAUKI ADMINISTRACJI I NAUKI POLITYKI ADMINISTRACYJNEJ

Author(s): Sławomir Peszkowski / Language(s): Polish / Issue: 28/2020

Normative constructions of administrative law are the function of values distinguished for the common good (public’s well-being). In parallel, administrative law creates the basis for the performance of public administration, whose differentia specifica is the realization or protection of legally relevant values in a direct manner. From the perspective of these general assumptions, it becomes justified to conceptualize the axionormative paradigm of the science of administrative law as a research concept applicable to detailed research, without the need to reconstruct the theoretical and methodological basis each time. This provides the universal theoretical and methodological basis for dogmatic studies in the field of administrative law. From the perspective of the triad of administrative science, the acceptance of the axionormative paradigm in the science of administrative law provides the basis for reconstructing theoretically adequate and coherent methodological assumptions in relation to the science of administration and the science of administrative policy. These assumptions can be put in the form of an axionormative explanatory scheme adapted to the specifics of these sciences. The assumption of an axionormative explanatory scheme in the field of science of administration and science of administrative policy allows for an adequate identification of eufunctions and dysfunctions of public administration, in a way that respects the constitutive conditions of public administration in a democratic state ruled by law.