Wroclaw Review of Law Administration and Economics最新文献_第10页

A New Member State in the EU Internal Security System – The Polish Perspective 欧盟内部安全体系中的新成员国——波兰的视角

Wroclaw Review of Law Administration and Economics Pub Date : 2018-06-01 DOI: 10.1515/wrlae-2018-0026

J. Menkes

{"title":"A New Member State in the EU Internal Security System – The Polish Perspective","authors":"J. Menkes","doi":"10.1515/wrlae-2018-0026","DOIUrl":"https://doi.org/10.1515/wrlae-2018-0026","url":null,"abstract":"The aim of the study is to reconstruct Poland's perception of the EU internal security system because this perception sets the framework for her participation in cooperation. The starting point of the analysis is a critical evaluation of methods and tools for presenting the non-economic goals of European integration in the acts constituting the institutionalization of cooperation. Criticism is based on the recognition that the way goals are set, applied in the practice of European integration, significantly impedes their internalization to a new member, whereas in accordance with the rules of policy-oriented jurisprudence, the awareness within the community of interests of the state determines the effectiveness of the law. The study of the institutionalization of cooperation is conducted in the interdisciplinary regime (international law and international relations) which facilitates learning about the state's conduct. The conclusions go beyond the Polish perspective; they constitute a generalization of the analysis of norms and facts. The deepening of the European integration in the field of home affairs may be regarded from two perspectives. The first assesses the methods of its implementation, i.e. the degree of observing the rule of law and the principles of democracy. From this perspective, integration may be – at best – seen as a praetor legem activity. In the second, integration may be perceived through the prism of the results achieved. From this perspective, a significant and tangible progress of integration may be noted, which allows an increase in the efficiency of expenditure and activity without duplicating efforts and structures. Key words: internal security, integration, EU internal security system, member state, EU, Poland","PeriodicalId":30439,"journal":{"name":"Wroclaw Review of Law Administration and Economics","volume":"21 1","pages":"102 - 92"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90959101","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}

引用次数: 0

The Territory Paradox: the Basis of Statehood and International Norms as an Obstacle to the Protection of International Community Interests 领土悖论:国家地位的基础和国际规范作为保护国际社会利益的障碍

Wroclaw Review of Law Administration and Economics Pub Date : 2018-06-01 DOI: 10.1515/WRLAE-2018-0021

Nicolás Carrillo-Santarelli

{"title":"The Territory Paradox: the Basis of Statehood and International Norms as an Obstacle to the Protection of International Community Interests","authors":"Nicolás Carrillo-Santarelli","doi":"10.1515/WRLAE-2018-0021","DOIUrl":"https://doi.org/10.1515/WRLAE-2018-0021","url":null,"abstract":"The role of effectiveness as a criterion to determine the success of territorial unity or secession not only fails to settle tensions between some principles of international law, such as those of territorial integrity and self-determination, but also creates certain legal paradoxes. Those paradoxes are generated partly because some norms and interpretations remain excessively attached to territorial criteria, leading to a dissociation with a globalized world in which transnational actors operate and borders are practically eroded or ignored. A humanized approach that responds to both State and non-state challenges must be adopted to deal with those tensions and paradoxes, granting remedial independence in extreme cases in which it is the only way to protect from serious breaches of peremptory law, even when secession is not successfully achieved, thus justifying it; forbidding the legal effects of effective situations achieved in ways contrary to jus cogens; and permitting or even demanding protection from non-state abuses originating in foreign territories, such as those attributable to armed groups or transnational businesses. Keywords: territorial integrity; effectiveness; Statehood; non-state actors; human rights; jus cogens","PeriodicalId":30439,"journal":{"name":"Wroclaw Review of Law Administration and Economics","volume":"6 1","pages":"1 - 26"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84160070","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}

引用次数: 0

An Awkward Situation: Kosovo, the EU and EU Member States 尴尬的局面:科索沃、欧盟和欧盟成员国

Wroclaw Review of Law Administration and Economics Pub Date : 2018-06-01 DOI: 10.1515/wrlae-2018-0023

Michał Stępień

引用次数: 0

Summary Report on the Third Wroclaw Symposium on Competitiveness and Sustainability: “Perspectives on Innovation Policy, Energy Security, and Civic Society in Transition” (Wroclaw, 9 June 2018) 第三届弗罗茨瓦夫竞争力和可持续性研讨会总结报告:“创新政策、能源安全和转型中的公民社会的观点”(弗罗茨瓦夫，2018年6月9日)

Wroclaw Review of Law Administration and Economics Pub Date : 2018-06-01 DOI: 10.1515/wrlae-2018-0027

Daniel Bloemers, Sebastian Jakubowski

{"title":"Summary Report on the Third Wroclaw Symposium on Competitiveness and Sustainability: “Perspectives on Innovation Policy, Energy Security, and Civic Society in Transition” (Wroclaw, 9 June 2018)","authors":"Daniel Bloemers, Sebastian Jakubowski","doi":"10.1515/wrlae-2018-0027","DOIUrl":"https://doi.org/10.1515/wrlae-2018-0027","url":null,"abstract":"The Wroclaw Symposia on Competitiveness and Sustainability intend to spark an international debate on important issues related to economic policy in a rapidly changing world. Attended by more than 80 participants from numerous countries, this year's symposium featured a selection of topics whose scope is not limited to the European region. Dr Sebastian Jakubowski introduced the agenda stating that the post-crisis era has finally ended. He emphasised that European societies are facing new challenges in the global economy, and pointed to growing burdens of climate change in conjunction with the fourth industrial revolution as the main factors affecting today’s economic policy in global context. The first lecture was presented by Markus P. Raschke, who serves as a project manager at Protect-the-Planet. This internationally operating NGO for climate protection advocates the idea of a 100% sustainable economy. Currently, he leads an international project of legal action, aiming at encouraging the European Union to strengthen its emission reduction targets. He is responsible for the coordination of an international cooperative of NGOs, environmentalists, and environmental lawyers. As former political public relations manager of the Ecological Democratic Party of Germany (ÖDP), he successfully managed a political referendum campaign to shut down a coal-fired power plant. In his current engagements, he moderates numerous societal dialogue processes on infrastructure and economic policy. He holds a degree in Governance and Public Policy from the University of Passau and a Master of Science in European Economic Integration from the Universities of Leipzig and Wroclaw. Markus contributed to innovative research projects at the Fraunhofer Center for International Management and Knowledge Economy.","PeriodicalId":30439,"journal":{"name":"Wroclaw Review of Law Administration and Economics","volume":"7 1","pages":"103 - 105"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88359930","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}

引用次数: 0

Cooperation between the European Union and European Mini-States – Possible Scenarios for Future Closer and Enhanced Integration with the European Union 欧洲联盟与欧洲小国之间的合作-未来与欧盟更紧密和加强一体化的可能情况

Wroclaw Review of Law Administration and Economics Pub Date : 2018-06-01 DOI: 10.1515/WRLAE-2018-0024

Adriana Kalicka-Mikołajczyk

{"title":"Cooperation between the European Union and European Mini-States – Possible Scenarios for Future Closer and Enhanced Integration with the European Union","authors":"Adriana Kalicka-Mikołajczyk","doi":"10.1515/WRLAE-2018-0024","DOIUrl":"https://doi.org/10.1515/WRLAE-2018-0024","url":null,"abstract":"Within Europe, there are a number of small, independent and internationally recognised states which are the European Union’s neighbours; however they are not members of this organisation: the Principality of Andorra, the Republic of San Marino, the Principality of Monaco. In December 2010, the Council concluded that EU relations with these three Mini-States were “extensive but fragmented”, as there are still obstacles to introduce free movement of persons, goods and services into and out of the EU. Citizens and companies of all three Mini-States have limited access to the EU’s internal market. The most problematic areas are the free movement of persons and services, and the freedom of establishment. Goods originating in these States also encounter obstacles regarding the free movement of goods in so far as EU standards and regulations may prevent these goods from being sold within the EU market. EU citizens and businesses would also benefit from greater integration with Mini-States. EU citizens currently require a permit to work and/or reside in each of the Mini-States. However, all of the Mini-States have expressed the wish to enhance their relations with the EU, notwithstanding there being some differences of emphasis in terms of extent and scope. Andorra has expressed an openness to consider various options short of EU accession, while voicing a certain preference for an Association Agreement. Monaco has also expressed an interest to further discuss options for its closer integration into the internal market. Finally, San Marino has expressed an openness to consider a wide range of options for enhanced European integration, ranging from EEA Membership to a multilateral or bilateral Association Agreement with the EU. All three countries wish to safeguard their specificities and identities in their relations with the EU. The main objective of this paper is to examine the possibilities of future deeper and enhanced cooperation between the EU and these three Mini-States.","PeriodicalId":30439,"journal":{"name":"Wroclaw Review of Law Administration and Economics","volume":"8 1","pages":"56 - 66"},"PeriodicalIF":0.0,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85701101","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}

引用次数: 0

Free-Movement Rights of Third Country Nationals in the EU Internal Market 第三国国民在欧盟内部市场的自由流动权利

Wroclaw Review of Law Administration and Economics Pub Date : 2018-06-01 DOI: 10.1515/WRLAE-2018-0022

Justyna Bazylińska-Nagler

引用次数: 1

Changing the mindset 改变心态

Wroclaw Review of Law Administration and Economics Pub Date : 2017-12-08 DOI: 10.7551/MITPRESS/9780262037136.003.0003

Bruno Verdini Trejo

引用次数: 4

“There are Still Courts in Wrocław!” A Meeting with Professor Andrzej Rzepliński at the University of Wrocław Faculty of Law, Administration and Economics (Professor Dudek Salon, 26 May 2017) “Wrocław还有法庭!”在Wrocław大学法律、行政和经济学院会见Andrzej Rzepliński教授(Dudek Salon教授，2017年5月26日)

Wroclaw Review of Law Administration and Economics Pub Date : 2017-12-01 DOI: 10.1515/WRLAE-2018-0020

Krzysztof Pyclik

引用次数: 0

The Right of Access to Environmental Information in the Light of the Case C-673/13 P of 23 November 2016 — European Commission V Stichting Greenpeace Nederland 根据2016年11月23日c -673/ 13p案——欧盟委员会诉荷兰绿色和平组织案，获取环境信息的权利

Wroclaw Review of Law Administration and Economics Pub Date : 2017-12-01 DOI: 10.1515/WRLAE-2018-0018

Justyna Bazylińska-Nagler

{"title":"The Right of Access to Environmental Information in the Light of the Case C-673/13 P of 23 November 2016 — European Commission V Stichting Greenpeace Nederland","authors":"Justyna Bazylińska-Nagler","doi":"10.1515/WRLAE-2018-0018","DOIUrl":"https://doi.org/10.1515/WRLAE-2018-0018","url":null,"abstract":"In order to be able to ensure that the competent authorities take the right decisions and to participate effectively in decision-making, the public must know that the emissions were correctly or incorrectly assessed and must be thoroughly informed so as to understand how those emissions could affect the environment. The main thesis of this article is that there is a significant contradiction between environmental democracy standards in EU law and the protection of confidential commercial or industrial information. In line with the EU’s access to documents laws, information that would harm the commercial interests of a third party can not be made public if there is not an overriding public interest justifying such a disclosure. A significant part of this article has become a commentary on a very recent Court of Justice of the European Union judgment in appeal of 23rd November 2016 - European Commission v Greenpeace Nederland and Pesticide Action Network Europe. The case discused in this work addresses the fundamental issue – the right of access to environmental documents, and in particular, the scope of the concept of ‘information on emissions into the environment’. The conclusions reached by the CJEU in this judgment may have wide-ranging consequences for EU manufacturers of plant protection products and biocides. In general, this judgement may have significant and widespread implications for companies seeking to protect trade secrets and other sensitive information. Keywords: Aarhus Convention, right of access to environmental information, commercial information","PeriodicalId":30439,"journal":{"name":"Wroclaw Review of Law Administration and Economics","volume":"22 1","pages":"66 - 82"},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90375365","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}

引用次数: 0

The Appointment and Dismissal Procedure of the Polish NCA in the Light of EU and International Independence Standards 基于欧盟和国际独立标准的波兰NCA的任免程序

Wroclaw Review of Law Administration and Economics Pub Date : 2017-12-01 DOI: 10.1515/wrlae-2018-0015

Iga Małobęcka-Szwast

{"title":"The Appointment and Dismissal Procedure of the Polish NCA in the Light of EU and International Independence Standards","authors":"Iga Małobęcka-Szwast","doi":"10.1515/wrlae-2018-0015","DOIUrl":"https://doi.org/10.1515/wrlae-2018-0015","url":null,"abstract":"Since Regulation 1/2003 entered into force, NCAs have been vested with application of the EU competition rules concurrently with the European Commission. Although it is acknowledged that a sufficient degree of NCAs’ independence is indispensable for effective enforcement of the EU competition law, the EU law has so far not provided any specific requirements with regard to the independence of the NCAs, in particular the appointment and dismissal procedure of the NCA’s management and its term of office. Against this background, the conditions of the appointment and dismissal of the President of the OCCP were analysed and it was inferred that in the current form they may infringe upon the authority’s independence, as well as undermine its credibility and legitimacy. In order to find an optimal design of appointment and dismissal procedures, the NCAs from two other Member States were investigated. Finally, a set of recommendations for both the national and European legislator was proposed, which could improve the independence and effectiveness of the Polish NCA. These include introducing a non-renewable fixed term of at least 5 years, specifying grounds for dismissal and obliging the Prime Minister to make them public, engaging the Parliament in the appointment procedure and public hearings of the candidates. Keywords: President of the Office for Competition and Consumer Protection, EU law, independence, competition law, national competition authority","PeriodicalId":30439,"journal":{"name":"Wroclaw Review of Law Administration and Economics","volume":"38 1","pages":"24 - 39"},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72905179","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}

引用次数: 2