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The aim of the article is to overview notification, i.e. a procedure provided in the Treaty on the Functioning of the EU that requires the EU member states to inform the European Commission about certain measures. The author introduces the legal basis and discusses procedure applied in four types of notification: notifying state aid, notifying adoption of harmonisation measures, notifying technical regulations and notifying draft legislative provision in the field of competence of the European Central Bank.
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The considerations in this paper focus on the selected problems of investing in the Polish road infrastructure. The author focuses on the analysis of the decisions made in the sphere of some organisational, technical and economic solutions accompanying those investments. They referred, among other things, to the importance of the private sector in the road construction through the formula of Public and Private Partnership, the use of EU funds in financing road investments, the use of new types of road surfaces and road safety.
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In principle, in the European Union, the legislative function is exercised equally by the European Parliament and the Council. These two institutions adopt legislative acts through two procedures: the ordinary legislative procedure and the special legislative procedure. Besides these two main proceedings, in the goal of making procedural rigidity more flexible by implementing several steps, the Lisbon Treaty introduces a number of institutional clauses (passerelle clauses brake clause, and accelerator clauses). These clauses propose different institutional mechanisms, but pursue a common objective, namely, facilitating European integration in “sensitive” areas. Based on these aspects, this article discusses features of the adoption procedure for European legislative acts in terms of the Lisbon Treaty.
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Without having a universally accepted definition, the concept of citizenship has acquired through time a multitude of definitions putting, in general, the question of belonging to a particular community, which requires with priority political rights but also obligations, the citizen being the one that has rights and duties in a democratic society. The notion of European citizenship is based on rights and corresponding obligations, implying the fact that the citizens of the European Union benefit, in this quality, of the same rights that are traditionally awarded to own citizens in the internal legal order. By applying the “unity in diversity” principle which the united Europe is built upon, the European citizenship represents equality before the adopted laws and the problems and dissatisfactions of citizens can be the same regardless of nationality or ethnicity and common solutions need to be built for these. By the inclusion of rights, obligations, as well as by participating in the political life, the European citizenship hasthe purpose of consolidating the image and identity of the European Union and the more profound involvement of the citizen in the European integration process.
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The civilization changes have forced the implementation of new forms of organization and functioning of public administration, defined as governance, that serve to intensify the European integration. The government agencies are one form of greater integration through the decentralization of the public administration. There were initiated in the UK. In the European Economic Community, such agencies were established in the seventies of the twentieth century. In 2003, the special kind of agency, called the executive agencies were created in the framework of the European Union. Their duty is to perform technical tasks in the field of execution of Union management tasks, including such areas as science, culture, health, transport, consumer protection. In total, six such agencies currently operates in the EU. The organization and functioning of the executive agencies were standardized in the Council Regulation (EC) No 58/2003 of 19 December 2002 – laying down the statute of executive agencies. The ten-year period of the functioning of executive agencies should be assessed fairly well. The problem area that needs some adjustment is the question of the coherence of activities done by executive agencies with those done by the appropriate national agencies of the Member States, in order to develop and unify the standards of operation.
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In the face of the global crisis, the EU has taken steps to strengthen supervision and improve coordination of national economic policies by introducing a supervisory mechanism under the name of the Macroeconomic Imbalance Procedure (MIP). Its aim is to give an early warning of emerging economic disorders including the residential real estate market. This market has been included due to the awareness that the uneven development of this market may lead to disturbances in economy. Very dynamic changes in residential real estate prices and the accompanying strong level of lending are associated with the risk of a violent and dangerous in consequences correction. This paper has a research character. Nevertheless, it makes it possible to assess – by indicating economies in which the real estate market exhibits, or may start to exhibit signals of disturbed balance – the existing method of monitoring the real estate market in the MIP.
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This paper examines the linguistic regime of the European Union in the light of international law. The paper contends that although the EU language system is independent and well regulated, international agreements affect it as they are an intrinsic part of the EU legal order once they are concluded by the EU. First, the paper describes the linguistic regime of the EU, its legal basis and the status of the EU languages. Second, it analyses three key aspects of international law, which affect the EU linguistic regime, i.e. selection of languages for the purposes of concluding international agreements, authenticity of texts and interpretation of multilingual law by the Court of Justice of the European Union. Finally, the paper concludes that the international linguistic affects the EU language system in terms of authentic languages, legal terms and their definitions.
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The article studies the genesis of legal regulation of cybersecurity in international law, the definition of the place of the problem in relations between subjects of international law. Examples of high-profile cyberattacks that took place internationally are shown. In recent years, human dependence on new technologies has grown rapidly. However, the use of such technologies also opens new ways to abuse via the Internet. With the development of new technologies cyberspace becomes as important space as land, air, water or space in which states compete for ensuring their national interests. Such space also attracts the attention of international terrorist groups, transnational organized crime etc. A number of scientists devoted their papers to the subject of cybersecurity, among them A. Pazyuk, D. Dubov, A. Merezhko. Much more attention on the issue of cybersecurity research in international law was paid by foreign experts, including M. N. Schmitt, W. Heintschel von Heinegg, V. Boothby. The article shows examples of international norms in cyberspace. Accordingly the foundations for further cooperation among the States were laid by the number of Resolutions of the General Assembly of the United Nations. One of the main documents in this field within the Council of Europe is ratified by 49 states Convention on Cybercrime in 2001 and Optional Protocol to the Convention of 2003. Within the EU the first document regulating cyberspace is Directive 95/46 of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. In 2016 EU has adopted the EU Network and Information Security (NIS) Directive. As an example of doctrinal codification the Tallinn Manual on the International Law Applicable to Cyber Warfare was issued in 2013. It is also mentioned in the article that states are actively working on preparing national legislation and adopting strategies for cybersecurity. It is noted that the issue of cybersecurity is becoming more acute problem not only at the national level and therefore requires expansion of international legal cooperation between subjects of international law to maintain peace and prevent solving cyber warfare, which may be accompanied by kinetic.
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Sustainable consumption and sustainable development are the two areas of action with the significant influence on each state’s economy, especially the developed one. Sustainable consumption does not have to mean lowering the intensity of consuming – it should be rather connected with efficiency. In the definitions of sustainable consumption and development there are particularly emphasized the element of future and protection of living environment. For this purpose we should introduce and implement the policy of pro-ecologic education and educating citizens about the issues concerning selection of products and services and their impact on the environment. Sustainable consuming is also just, intergenerational and intragenerational using of the Earth’s resources considering abilities of absorbing and neutralizing implemented substances and waste. Otherwise there occurs air pollution, soil contamination, decrease of fresh water quantity, accumulation of waste, increasing economic and social disproportions, thus lowering of ecologic safety and deterioration of living conditions.
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In the European legal culture evolved into a model of justice. This model reflects a legal tradition derived from Roman law and Canon law. It was based on the so-called principles, which include: openness of procedures, impartiality, discretion, professionalism and openness of procedures and the same proceedings. There by, it aspire to objectifi cation procedural steps, while judges detach from judgments or decisions. These standards have been saved in a number of acts of international law and in the constitutions of the various states, including the Constitution of Polish Republic. Modern judicial system provides advanced and equal access for all people not only to courts and tribunals but also to a just and public assessment of the case by a proper, independent and impartial court. In other words, it is one of the most fundamental human rights.
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The European integration raises hopes for the future of united Europe, but it does not solve all the current problems of individual Member States. One of them is to protect the rights and interests of the State Treasury of individual European Union’s countries. Therefore, each country has its own system of protection of these interests also towards the European Union’s countries. This situation is far from the perspective of unification of the European Union’s interests. In Poland, the State Treasury Solicitors’ Office deals with the legal protection of the rights and interests of the State Treasury.
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Udalosti v Kyjeve, na Kryme, v Donbase a prepad cien ropy v roku 2014 spôsobili globálne problémy, ktorých následky si možno len domýšľať. Finančný kolaps Ukrajiny sa zdá byť nevyhnutný. Pár mesiacov po bombastickej zimnej olympiáde v S oči (ktorá stála toľko čo všetky zimné olympiády dokopy) sme svedkami rovnako bombastického spľasnutia „uhľovodíkovej“ bubliny, ktorá má potenciál stiahnuť nielen Rusko, ale aj Venezuelu, Nigériu či ťažobné sektory vo vyspelých krajinách. Problémy Európy s jej percentami HDP hore-dolu okolo národných deficitov sa aspoň načas zdali byť detskou hrou.
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The aim of the article is to show and analyze international and union law control in the field of local wind turbines conditions, and also in regard to polish memebership in the Union, polish regulations in this area. Due to the fact, that wind turbines have negative influence on the environment because of infrasounds emission, noise and they make danger for birds, union end international regulations need to make out an evaluation about the influence of wind turbine on the environment, taking Nature 2000 area, including habitats and birds, into particular consideration. The European Union is also applying law actions which support renewable energy source development (the White Paper - Energy for the future, renewable energy sources, the Green Paper- towards a European strategy for the security of energy supply).
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The article presents a theoretical analysis of legal provisions laid in Article 19 of the European Social Charter, which regulates protection of the rights of migrant workers and their families in the countries of the European Union. The legal interpretation of the above provisions and the terms used therein in conjunction with the analysis of the practice of the Committee of Social Rights, which monitors the implementation of the Charter by the member countries, is important for understanding and application of the Charter in the Russian Federation, which has signed and ratified it.
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The european security strategy is a builtin that imbricates itself in the existing structures, if schengen was the primary measure unit if extends beyond: the human security-based approach isn't then only related to internal security stricto sensus but embraces the European neighborhood policy as well. There we see how the EU interprets its strategic culture, prioritizing emergent threats such as terrorism or migration. FRONTEX, EUROPOL, the technology-related means are then direct manifestations of a new framework, orienting the security agenda towards a cooperation-based “soft” model. The present study aims to give a brief preview of that vision, from the elaboration and its institutionnal history, to its concrete operationnal means, within or outside the schengen space framework.
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For economic and environmental reasons, the present and future of the environment is not sustainable. While European countries agreed on a “Green Europe Plan to address those issues, each country has a different method how to apply it. The main goal of this text is to evaluate the preparedness of each country and the projects implemented which should increase the attainability of “Green Europe“ Plan. The article is focused on V4 countries (Czechia, Slovakia, Hungary and Poland) as they have strong relationships. The European Green Deal serves as the European Union’s climate and climate neutrality plan that covers all areas of the economy. Climate change, adverse weather conditions, high ocean temperatures can have a very dire impact on nature and people, leading to higher costs not only for the European Union’s economy. However, these climate threats can be combated or at least mitigated, for example by reducing greenhouse gas emissions and thus achieving climate neutrality, which is precisely the aim of the European Green Deal.
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The concept of legal pluralism is associated with the phenomenon of multicentrism, polycentrism and international dialogue taking place between courts. Its popularity in the European context is justified by the need to conceptualize the changes occurring in Europe within the ongoing process of European integration. The law and the resulting rules of recognition, as well as the conflict rules that coexist and are jointly applied, which constitute the essence of the definition of legal pluralism, can be tools shaping the functioning of the regulatory environment for economic activity and the functioning of society in times of crisis. Within the European constitutional area, there are still a number of inconsistent rules of recognition. However, in the case of a real conflict between a national constitutional norm and a norm of EU law, Member States try to adapt their constitutions to the normative standard set by the European Union or applying a pro-EU interpretation, thereby recognizing the existence and binding nature of a multi-component, multicentric legal system.
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