Przegląd europejski最新文献

{"title":"Precautionary proportionality principle as an instrumental preventive measure from the COVID-19: Can European human rights survive in the state of public health emergency?","authors":"Jizeng Fan, Yuhong Wang","doi":"10.31338/1641-2478pe.1.21.7","DOIUrl":"https://doi.org/10.31338/1641-2478pe.1.21.7","url":null,"abstract":"The authors believe that the C. Schmitt’s notion of unconstraint sovereignty is not flawless. Both A. Dicey’s theory of British constitutional law and the international human rights instruments have required the measures of the derogation of human rights must be given in accordance with proportionality principle. However, these normative requirements have hardly been applied to the judicial scrutiny by the two supranational courts in Europe. Correspondingly, some European public authorities favour the more radical precautionary principle. Although this principle is more effective in suppressing the new coronavirus, it is associated with numerous side effects. Thus, the authors propose in this article an innovative concept of precautionary proportionality principle.","PeriodicalId":229183,"journal":{"name":"Przegląd europejski","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128773704","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Występowanie deficytów bliźniaczych w wybranych państwach Unii Europejskiej i w Polsce w latach 2009–2018","authors":"Izabela Zawiślińska, Piotr Cirin","doi":"10.31338/1641-2478pe.1.21.9","DOIUrl":"https://doi.org/10.31338/1641-2478pe.1.21.9","url":null,"abstract":"The aim of the article is to determine the degree, direction and strength of impact of the studied variables, i.e. the state budget balance and the current account balance as part of Poland's balance of payments in the years 2009-2018 against the background of selected European Union (EU) countries. The main research questions focus on determining the type of relationships connecting the studied deficits in the light of previous studies dedicated to the twin deficits hypothesis. The methodology used is based on integrated correlation analysis, linear regression and an analysis of the coefficient of variation. As a result of the study, a strong correlation was found between the cumulative values of the studied deficits, which confirms the existence of the twin deficits hypothesis in Poland in the examined period and means that the budget deficit affects the current account balance. A change in the cumulative balance of the budget by 1% leads to a change in the cumulative balance of the current account of the balance of payments by 0.89%. It can be presumed that the problem of budget deficits and the related debt crisis as well as balance of payments balances under the dichotomy of \"surplus north\" and \"deficit south\" in the next decade will be one of the most conflicting and disintegrative for the EU. Thus, the search for a path to budget (internal) balance and balance of payments (external) is one of the key challenges for maintaining cohesion and maintaining sustainable development both in Poland and the entire EU.","PeriodicalId":229183,"journal":{"name":"Przegląd europejski","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117213179","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pozycja i rola Komisji Europejskiej w procedurze ochrony budżetu UE w przypadku uogólnionych braków w zakresie praworządności w państwach członkowskich","authors":"Karol Piwoński","doi":"10.31338/1641-2478pe.1.21.8","DOIUrl":"https://doi.org/10.31338/1641-2478pe.1.21.8","url":null,"abstract":"The aim of this article is to analyse the position and role of the European Commission in the procedure provided in the regulation on a general regime of conditionality for the protection of the European Union’s budget. For this purpose the scheme of this procedure was analysed, by interpreting the relevant regulations using the dogmatic method and considering opinions of the EU institutions and views of the scholars. A comparative method has also been applied. The new position of the Commission in the procedure for protection of the EU budget has been compared with the position it plays in the existing instruments. The analysis made from the point of view of the position of individual institutions in the new procedure, although it does not allow predicting how they will be implemented. The conducted analysis demonstrates that the European Commission – an institution of Community character – has gained wide competences, and in applying them it has been given a wide range of discretion. On the one hand, the introduced regulations exemplify a new paradigm in creating mechanisms for protection of the rule of law. On the other hand, they raise doubts as to their compliance with EU law. However, they undoubtedly constitute a decisive step towards increasing the effectiveness of the EU's instruments for the rule of law protection.","PeriodicalId":229183,"journal":{"name":"Przegląd europejski","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121320923","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pandemia COVID-19 a gospodarka Unii Europejskiej – instrumenty antykryzysowe oraz implikacje dla budżetu UE i jej państw członkowskich","authors":"Małgorzata Dziembała, A. Kłos","doi":"10.31338/1641-2478pe.1.21.5","DOIUrl":"https://doi.org/10.31338/1641-2478pe.1.21.5","url":null,"abstract":"At the turn of 2019 and 2020 the world economy experienced a slowdown resulting from the COVID-19 pandemic. Negative repercussions of the measures taken, related to the slowdown in economic activity, have been experienced by all EU Member States. The article aims to present the influence of the pandemic on the EU economy and to identify the selected EU measures and instruments implemented to counteract the implications of COVID-19 in 2020 and 2021–2027. The authors attempt to answer the following questions: (1) Will the actions taken by the European Commission and temporary state aid measures positively impact reducing the negative implications of the economic and social crisis caused by the pandemic? (2) Are the proposed instruments and their financing sources ensuring the recovery of the EU economy sufficient? The article puts forward a hypothesis that the prepared financial instruments implemented at the EU level should reduce the negative implications of the pandemic to some extent; however, close cooperation between the Member States and European institutions in terms of coordination of the implemented measures and instruments is necessary to render them more effectively. The authors utilise the descriptive, normative and diachronic methods. The analysis of the implemented remedial actions at the EU level and at the level of a Member State (Poland) leads to the conclusion that despite the economic crisis prevention measures introduced by the European Commission, the burden of counteracting the consequences of the epidemic rests mainly with the countries whose governments have introduced anti-crisis packages.","PeriodicalId":229183,"journal":{"name":"Przegląd europejski","volume":"304 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115438870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Measuring the far-right in Europe: comparative analysis of the xenophobic and anti-immigrant sentiment in Germany, Poland and Russia","authors":"A. Kinyakin, D. Kotov, S. Stepanov","doi":"10.31338/1641-2478pe.1.21.2","DOIUrl":"https://doi.org/10.31338/1641-2478pe.1.21.2","url":null,"abstract":"The rising significance of the far-right as political actors is one of the most noticeable political trends in Europe within the recent decades. It causes constant research activity aimed at the analysis of nature of public support of right-wing forces. However, the researchers, dealing with the issues of assessing the public support of the far-right in different European countries frequently have confront the problem of lack of relevant measurement tools, as well as efficient methodology for valid cross-country analysis. This stems not only from different “political background” and “political environment”, connected with political traditions and political practices, but also from the nature of public support of the far-right, having not only “overt”, but also “covert” component. Whereas “overt” component is on the surface and is good measurable (mainly by conventional tools such as polling), the “covert” one, encompassing the in-depth social sentiments, is hardly measurable. This pose real problem for assessing the genuine amount of public support far-right forces taking into account the fact, that “covert” component is to be crucial in achieving that goal. In October 2020 to tackle this problem by the international group of researchers there was initiated the research project, aiming at development of the specific research methodology on the combination of traditional and “digital” research methods such as comparative analysis, expert interviews and “social media listening” (SML) for analysing the xenophobic and anti-immigrant sentiments in three European societies – in Germany, Poland and Russia as a “covert” component. The accomplishment of the research project is expected to provide not only the insights into specifics of the public support of the far-right in different European countries by assessing the “covert” component, but also help to assess its genuine (gross) scale as well as to single out the factors influencing the public support of the far-right by putting emphasis on the ongoing political and social processes. The research project is expected to deliver the information for elaboration of the gauges (indicators) for valid cross-country analysis of the far-right politics in different countries allowing to overcome some research “weak points” – ranging from huge differences in political traditions to scarcity of relevant data. The aim of this article is to present and discuss the elaborated methodological approach.","PeriodicalId":229183,"journal":{"name":"Przegląd europejski","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131209786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Dialog regionalny między Unią Europejską i Rosją jako instrument rozwoju współpracy dwustronnej","authors":"Valentina Prudskaya","doi":"10.31338/1641-2478pe.1.21.14","DOIUrl":"https://doi.org/10.31338/1641-2478pe.1.21.14","url":null,"abstract":"International dialogue between regions has a strong influence on the development of political relations, economic integration and intercultural interactions. The European Union and Russia are the closest neighbours. International links between regions and regional integration play an important role in their relations. The aim of the article is to analyse the evolution of relations between the European Union and Russia in 1994–2019 within the regional dialogue as an instrument allowing for creating new opportunities for the development of bilateral cooperation. The following methods were used during the research: institutional and legal analysis, historical method, comparative method, desk research. Regional dialogue has been analysed in terms of legal basis, as well as directions and forms of development of cooperation in this area. It can be concluded that the most common forms of cooperation in the analysed period were the following: cross-border cooperation, between regions without a common border, between administrative units on the basis of partnership, dialogue within Euroregions, and regional cooperation within international projects.","PeriodicalId":229183,"journal":{"name":"Przegląd europejski","volume":"174 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124275727","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Czy ciasna cela to brak humanitaryzmu? – uwagi na gruncie art. 3 Europejskiej Konwencji Praw Człowieka","authors":"K. Piech","doi":"10.31338/1641-2478pe.1.21.10","DOIUrl":"https://doi.org/10.31338/1641-2478pe.1.21.10","url":null,"abstract":"The article concerns one of the basic principles of executive criminal law and, at the same time, the nominee of the European Convention on Human Rights – the principle of humanitarianism. The subject of research is the issue of overcrowding in Polish prisons and the problem of cramped cells, in which prisoners are held. The aim of the article is to evaluate this phenomenon, to indicate its causes and to propose solutions of the problem. The findings made in this article have practical significance, because overcrowding in prisons is a problem that has a significant impact on the functioning of prisoners and the process of their resocialisation.","PeriodicalId":229183,"journal":{"name":"Przegląd europejski","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133197076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criminalisation of violation of the right to defence as a remedy for its enforcement (national legislative experience)","authors":"Oleksandr Zhytnyi, M. Spiridonov, Andrii Vasyliev","doi":"10.31338/1641-2478pe.1.21.11","DOIUrl":"https://doi.org/10.31338/1641-2478pe.1.21.11","url":null,"abstract":"The opportunity of admission of the right to defence as an independent object of criminal law protection is analysed in this article. Such opportunity has been considered with the reference to the procedural, constitutional, international law and European aspects of the value of this right. The system-structural, dialectical and comparative methods, as well as the axiological (value) approach were chosen as a methodology for the implementation of the research task. The potential models of criminalisation of violation of the right to defence have been identified as a result.","PeriodicalId":229183,"journal":{"name":"Przegląd europejski","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115469968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Tożsamość imigrantów z Bliskiego Wschodu jako wyzwanie dla integracji ze społeczeństwami państw przyjmujących","authors":"Dalzar Nashwan Salem","doi":"10.31338/1641-2478pe.1.21.3","DOIUrl":"https://doi.org/10.31338/1641-2478pe.1.21.3","url":null,"abstract":"The article presents the theoretical and methodological approach, which is different from the approaches that exist in the available scholar literature. The subject matter of the article is integration of immigrants from the Middle East living in the selected European countries, that from the author’s point of view should be evaluated not according to the previous models, but through the degree of identity creation and sense of citizenship. The main hypothesis verified within the conception of the article is the assumption that the identity of migrants from the Middle East in European Union countries (EU) is strongly connected with a culturally different environment. It complicates their integration with host societies and causes the growth of social problems. Following the author’s point of view, the formation of civic attitudes among immigrants is more effective integration activity than the acculturation models adopted so far, such as assimilation or separation. The use of this research perspective will help to enrich the existing knowledge about immigrants, the causes of immigration and the EU policy towards them, as well as to find possible solutions for the effective integration of immigrants in the EU Member States.","PeriodicalId":229183,"journal":{"name":"Przegląd europejski","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115527689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal regulations of the consumer protection in Ukraine with regard to Ukraine’s obligation of adaptation to the EU legislation","authors":"Oksana Holovko-Havrysheva","doi":"10.31338/1641-2478PE.4.20.5","DOIUrl":"https://doi.org/10.31338/1641-2478PE.4.20.5","url":null,"abstract":"Since 2014 Ukraine has been implementing the EU–Ukraine Association Agreement in its domestic legal system and facing a lot of challenges introducing European rules and practices into the country’s daily life. The area of consumer protection is one of the most challenging fields due to the cross-cutting nature of consumer protection and its high relevance for all stakeholders: the state, businesses, and consumers. Reforming the Ukrainian consumer protection system and policy is one of the key tasks for the Government of Ukraine. These changes will affect almost the entire population of the country, but – as presented in this article analysis demonstrates – the progress in adjusting Ukrainian legislation in this field to the level needed to correspond to the European standards is moving rather slowly. The author concludes that a comprehensive and well-balanced consumer protection policy model instead of constant amendments to the consumer rights legislation needs to be developed in Ukraine with the proper consideration of the interests of businesses, the state and, first of all, the consumers. Amending the consumer rights legislation does not mean automatically the improvement of the consumer protection level in the country, especially in the situation, when the efficiency of the developed remedies and protection mechanisms depends on wider reforms in judiciary and executive branches in the state.","PeriodicalId":229183,"journal":{"name":"Przegląd europejski","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133598820","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}