European studies review最新文献

{"title":"EU Human Rights Approach in Climate Change and Energy Transition – Call for Sustainable Development?","authors":"Lucia Mokrá, Donald Wertlen","doi":"10.2478/eustu-2022-0038","DOIUrl":"https://doi.org/10.2478/eustu-2022-0038","url":null,"abstract":"Summary European Union is considered as valuable actor in international surrounding. The principle of human rights as set in article 2 TEU is observed in its legislation and policies. The current development in area of sustainable development goals is also generating new challenges especially in relation to climate change. The EU as the signatory country of Paris agreement and observer to UN followed its obligations, and in contributing to climate change actions, focused its policy also to energy transition. The development in EU differ to universal development, due different political, legal and regional aspects. How the EU implement its obligation in sustainable development, climate change and energy transition with its human rights protection principle? The paper is focused on analysis, how the EU acts in concrete policy actions and whether there exists human rights and development nexus.","PeriodicalId":81228,"journal":{"name":"European studies review","volume":"1 1","pages":"219 - 236"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81809830","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":"The Constitutional Obligation of the State to Protect the Weaker Party in a Horizontal Relationship","authors":"Monika Florczak-Wątor","doi":"10.2478/eustu-2022-0039","DOIUrl":"https://doi.org/10.2478/eustu-2022-0039","url":null,"abstract":"Summary The aim of this paper is to present how the State’s obligation to protect the weaker party in a horizontal relationship can be reconstructed from the provisions of the constitution. The paper outlines the concept of the protective obligations of the State as well as the peculiarities of the horizontal relationships. It deals with normative grounds for the general obligation to protect an individual by the State and for the specific protective obligations with respect to particular rights and freedoms. The analysis is primarily based on the constitutional provisions of Visegrad Group countries and includes the provisions of the European Convention on Human Rights. The paper concludes that conflicts of the State’s protective obligations resulting from conflicts of the rights and freedoms of individuals should be resolved in the same way in which the theory of law recommends resolving conflicts of constitutional principles.","PeriodicalId":81228,"journal":{"name":"European studies review","volume":"2 1","pages":"237 - 253"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87269725","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":"Independence of the Office for Public Procurement","authors":"M. Patakyová","doi":"10.2139/ssrn.3575817","DOIUrl":"https://doi.org/10.2139/ssrn.3575817","url":null,"abstract":"Summary The regulation of public procurement fulfils an essential task for the proper functioning of states. Public procurement directly influences the efficient public spending within a state. No doubt that the process shall be supervised by an independent and qualified institution. However, is this the case? In order to answer the question, the article chooses the jurisdiction of the Slovak Republic and it explores whether the supervisory body, the Office for Public Procurement, is to be seen as independent. Due to the fact that the notion of independence is unclear, the article presents the understanding of this notion and the criteria encrypted therein, following which the notion is applied to the Office for Public Procurement and to its leadership in particular. Since it is established that there is room for improvement regarding independence of this institution, the article presents concrete proposals for improvement of independence of the Office for Public Procurement.","PeriodicalId":81228,"journal":{"name":"European studies review","volume":"1 1","pages":"254 - 269"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83725447","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":"“Going Global” and Regionalization in EU-China Relationship: Perspective from the Baltics","authors":"I. Steinbuka, U. Bērziņa-Čerenkova, Andris Sprūds","doi":"10.2478/eustu-2022-0035","DOIUrl":"https://doi.org/10.2478/eustu-2022-0035","url":null,"abstract":"Summary This paper outlines the complex trends of the EU-China relationship. The EU and China have an extensive and growing economic engagement. China’s “going global” and the Belt and Road initiative may provide further opportunities for cooperation. However, considerable challenges, concerns and uncertainty exist. There is a divergence of values and diversity of interests. The wider frameworks and regional formats, such as 17+1 have mixed results. Moreover, tense relations between the US and China complicate even further complex and delicate balance of interests and expectations between the EU and China. This study identifies the existing trends and add the new contributing impetus to EU-China relations from the Baltic perspective.","PeriodicalId":81228,"journal":{"name":"European studies review","volume":"47 1","pages":"177 - 192"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79537709","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":"The Implementation of the Aarhus Convention’s Third Pillar in the European Union – a Rocky Road Towards Compliance","authors":"Orsolya Johanna Sziebig","doi":"10.2478/eustu-2022-0037","DOIUrl":"https://doi.org/10.2478/eustu-2022-0037","url":null,"abstract":"Summary This article provides a detailed analysis of the European Union’s road towards compliance with the third pillar of the Aarhus Convention and the current developments in this regard. The European Union’s Notice on Access to Justice in Environmental Matters that was accepted in 2017 is also evaluated. No doubt, that environmental concerns became extremely important in the 21st Century, in front of the judicial bodies as well. It is interesting to see how the EU has been struggling to reach compliance with the right to access environmental justice, causing not just heated conversation between the greening NGO sphere and the EU, but also raising significant concerns regarding the effectiveness of the decision-making system.","PeriodicalId":81228,"journal":{"name":"European studies review","volume":"6 1","pages":"205 - 218"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87101893","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":"Reintegration Post-Brexit (2020–2022): European Union Reorganization – Securing The Public Square of Democracy; Creating a New Global Compact","authors":"K. O'Rourke","doi":"10.2478/eustu-2022-0028","DOIUrl":"https://doi.org/10.2478/eustu-2022-0028","url":null,"abstract":"Summary In January 2020, the UK Parliament completed the long-awaited ratification process for the 2018 negotiated EU-BREXIT divorce agreement. After four tumultuous years of UK public contestations, including three general elections in less than five years, the forced resignation of two Prime Ministers after multiple internal Parliamentary votes of ‘no confidence’, the scheduling of an illegal closure of Parliament by the Prime Minister to block BREXIT debates, and the public and divisive ‘Get BREXIT done’ campaign in the December 2019 general election, the UK Conservative Party finally succeeded in securing a majority in Parliament and in moving the agenda. The UK begins a 2020 transition period for its permanent departure from the European Union. Even though the long list of unresolved demands outlined by UK citizens in the original 2016 BREXIT vote focused on “the politics of resentment” and a perceived breach of the social contract inherent in democracy, it is not clear that those domestic BREXIT concerns about social investments in housing, health care services, jobs, and education will even be addressed as part of the UK-EU scheduled negotiations in the transition period. The transition period and its negotiated agreements will be governed by the parameters of The Political Declaration ratified in January 2020. While not legally binding, The Declaration publishes extensive guidelines to govern negotiation processes and outcomes between the parties for regional economic capital and international finance settlements as well as parameters for thirteen sectors for global competition / cooperation including mandatory accession by the UK to certain WTO treaties. Large economic sectors for regional transactions including all transportation /energy sectors, public procurement, intellectual property, financial services and economic capital movement will still be governed by “good faith” requirements embedded in TEU Article 50 moving forward. The domestic BREXIT “politics of resentment” is not unique to the UK as national elections 2016–2018 across the Continent also routinely evidenced this citizen resentment as awidespread phenomenon. Even the EU Parliament elections of May 2019 which had one of the highest voter turnouts across the Continent shifted the internal operation of the EUP for the first time in forty-five years. The European Union as aregional entity is once again faced with issues of differentiated integration as it steps forward to not only reshape economic relations for the Common Market but also to ensure support by its State members for values of participatory democracy and the protection of individual liberty across arange of borders and changing international and regional circumstances. The door is wide open now for EU institutional re-evaluation and re-ordering in this transition period as the UK makes is permanent departure. Former Eastern Bloc States along with Greece and Italy want a more empowered infrastructure for the EU m","PeriodicalId":81228,"journal":{"name":"European studies review","volume":"15 1","pages":"35 - 72"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78183296","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":"The Global Compact for safe, orderly and regular Migration and the Global Compact on Refugees – origins and effects","authors":"M. Griesbeck","doi":"10.2478/eustu-2022-0032","DOIUrl":"https://doi.org/10.2478/eustu-2022-0032","url":null,"abstract":"Summary Tracing back the roots of the Global Compact for Migration and the Global Compact on Refugees, from the Sutherland Report, the New York Declaration, the Platform on Disaster Displacement and the Nansen Initiative, back to the Balkan wars, which led to the Temporary Protection Directive, one can identify two challenges, which combine, especially taking into account increasing mixed migration: One root is the wish to cope with situations of mass influx, when large numbers of people start to move across borders as refugees, displaced people or migrants. The other source is the climate change, which also could lead to migration and displacement of people. These two challenges were brought into a structure by the two compacts. This article describes the development, which led to the compacts, analyses, that the compacts do not create new obligations for the states and new individual rights, but give suggestions how to improve migration management, and shows, what the next steps could be.","PeriodicalId":81228,"journal":{"name":"European studies review","volume":"23 1","pages":"125 - 140"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73378199","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":"Europeanization of Fight Against Disinformation and Propaganda at the Times of New Russian Hybrid Warfare","authors":"Ondřej Filipec","doi":"10.2478/eustu-2022-0027","DOIUrl":"https://doi.org/10.2478/eustu-2022-0027","url":null,"abstract":"Summary After Russian aggression against Georgia, annexation of Crimea and war against Ukraine international community of experts in academia, state administration and civil society were increasingly reflecting the issue of hybrid warfare and information war. This is also the case of the EU which developed structures addressing hybrid warfare, especially disinformation and propaganda. The main aim of this article is to analyse the process of creation of these structures in the context of Europeanization concept and reveal reasons for inadequacy and inefficiency of the newly established institutions. Despite EU succeeded in creation of policy instruments their effectiveness is far from being enough vis-à-vis Russian efforts.","PeriodicalId":81228,"journal":{"name":"European studies review","volume":"169 1","pages":"17 - 34"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77355284","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":"Illiberal democracy in action: Polish kind of symbolic legislation","authors":"A. Bień-Kacała","doi":"10.2478/eustu-2022-0041","DOIUrl":"https://doi.org/10.2478/eustu-2022-0041","url":null,"abstract":"Summary The author explores symbolic legislation in Poland. Three instances of such legislation enacted since the 2015 general election are analysed in this essay. The author recognizes symbolic legislation of the negative type and provides specific features. She asks about the causes for such activity of the Parliament. The author has outlined the conclusion, that possible reasons may be: a deficient process of the transition to democracy, and past negative time perspective. Both reasons disturb the sustainable development of Polish society. As a possible solution, the author considers a properly functioning education system. However, this would be regulated by an act of Parliament that may be entirely symbolic as well.","PeriodicalId":81228,"journal":{"name":"European studies review","volume":"172 1","pages":"270 - 280"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74151262","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":"Compatibility of Terminology of Competition Law and Electronic Communications Law","authors":"E. Zorková","doi":"10.2478/eustu-2022-0042","DOIUrl":"https://doi.org/10.2478/eustu-2022-0042","url":null,"abstract":"Summary Due to rapid technological developments, the sector of electronic communications law is very specific. In many aspects, electronic communications law is strongly linked to the application of competition law rules. The aim of this paper is to evaluate the terminology used in the Czech Act on Electronic Communications and its compliance with the terminology used in the Czech Act on the Protection of Competition, as well as its compliance with the EU terminology. Problems may be caused by inconsistencies in the terminology used, for example when defining the relevant market and subsequently identifying a competitor/an undertaking with a significant market power.","PeriodicalId":81228,"journal":{"name":"European studies review","volume":"47 1","pages":"281 - 292"},"PeriodicalIF":0.0,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75821775","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}