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‘A Forest with many trees’ - Mapping migration governance and the dispersion of authority in Europe

Author(s): Lisa Marie Borrelli,Rebecca Mavin,Giorgia Trasciani / Language(s): English Publication Year: 0

The effective governance of migration has become a key issue in contemporary politics, on both the national and international levels. While attempts have been made to lock down border zones – for example, in the Schengen area or the Mexico-U.S. border – the so-termed ‘migration crisis’ and summer of migration in 2015 has shown the permeability of borders, the agency of migrants, and the diversity of actors involved in the migration process more generally.

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Policing Migrants in Transit and Upon Arrival: The Bordering Tactic of Integration in Austria and Germany

Author(s): Olivia Johnson / Language(s): English Publication Year: 0

Since 2015, over a million refugees have crossed into Europe. While small in comparison to other places, this number has had a tremendous impact on the policies governing Europe’s borders. This attention is in part owing to the growing nationalistic sentiments in Europe and anti-immigrant rhetoric. This piece is a critical look at the consequences of a shared asylum policy for refugees in Europe. Although asylum policy is widely reported to be rooted in humanitarian ideals, I argue that EU asylum policies expand systems of incarceration through heightened surveillance, detention and physical barriers to accessing asylum. In part one of this article, I look at how integration processes purposefully restrict asylum seekers to the periphery of the state. I then explicitly look at the resources available to asylum seekers and how lack of access to the labor market keeps asylum seekers to the margins of society. In part three I argue that this liminality is a tool used to facilitate the smooth deportation of unworthy asylum claimants. Using the case of integration in Austria and Germany, I explore how asylum seekers are kept to the margins, why they are marginalized and the larger implications of this marginalization in relation to the carceral state.

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COMMUNICATING REFUGEES AND HUMAN RIGHTS: THE GERMAN GOVERNMENT’S ASSESSMENT OF THE ROLE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Author(s): Johanna C. Günther / Language(s): English Publication Year: 0

The European Union’s asylum and refugee policies have evoked as much vehement criticism from human rights activists as from media outlets – most expressly in 2015 and 2016, when the numbers of refugees crossing the EU’s external borders either in Greece and Italy or in Bulgari, and Hungary, reached their peak. There are various accounts of human rights violations at the EU’s external borders, and within national asylum systems. The same holds true for analyses addressing the EU’s asylum and refugee policies, the acts of its agencies, and decisions made by individual member states in terms of their compatibility with the European human rights regime.

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DEVELOPING THE UNDERSTANDING OF MIGRANT INTEGRATION IN THE EU: IMPLICATIONS FOR HOUSING PRACTICES

Author(s): Maria Psoinos,Orna Rosenfeld / Language(s): English Publication Year: 0

Integration has been persistently difficult to define across mobile populations (e.g. refugees, economic migrants, internally displaced persons) and across disciplines (Bretell & Hollifield, 2000). What is for sure is that it has been recently and unanimously changing from a rather static and one-sided phenomenon, where migrants have to shed their ‘cultural distinctiveness’ in order to blend into the majority culture (Heissler, 2000: 77), to an increasingly dynamic and multi-level process, owing to today’s migrants’ diverse characteristics and the social contexts they join.

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European Union and Turkish Migration Policy Reform: From Accession to Policy Conditionality

Author(s): Birce Demiryontar / Language(s): English Publication Year: 0

The EU typically exerts influence on domestic policy change in Turkey through accession conditionality. The main shortcoming of this reform framework is its interconnectedness to the country’s accession process, when the country’s prospects for membership are losing their credibility. This loss of credibility, leads to a halt in the EU induced policy change, though migration policy area presents a deviation from this trend. In the absence of a credible membership prospect, in 2011, the Law on Foreigners and International Protection was drafted, and ratified by the Parliament on April 2013. Subsequently, in December 2013 Turkey and the EU have signed the readmission agreement in parallel to the introduction of the road-map to visa liberalization. The main reason behind this commitment to the EU induced reform agenda, is the successful detachment of the migration policy area, from the accession conditionality by establishing its own policy conditionality. This paper claims that in the EU accession negotiations where the parties were stuck in a deadlock, persistence in using the accession conditionality as an incentive has been counterproductive. With the visa liberalization road map, the EU introduced an external incentive specific to migration and set a more approachable target than accession, which ensured the sustainability of the reforms.

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Специфични случајеви утврђивања избегличког статуса

Author(s): Nebojša Raičević / Language(s): Serbian Publication Year: 0

Convention Relating to the Status of Refugees sets out in Art. 1A(2) a refugee definition and it applies to all persons wishing to obtain a refugee status. There are some situations in determining refugee status that are specific to other cases. One such situation is related to refugee sur place. Refugee sur place are persons who voluntarily left their own country, but which, because of some subsequent events, have a well-founded fear that in the case of their return to the homeland, they will be subjected to persecution there. The cause of this fear can be objective changes in the country of origin, such as the coming of the dictatorial regime to the power. Besides, the fear of persecution can also be caused by the actions of the individuals during their stay abroad. A second specific situation regards to persons fleeing from the country of origin due to international or non-international armed conflicts that are being conducted in that country. The Convention on the Status of Refugees does not contain special provisions for persons leaving the country of origin due to armed conflict, which means that they can only obtain refugee status if they prove well-founded fear of persecution for any of the five reasons mentioned in Art. 1A of this Convention. General danger of an armed conflict is not enough to qualify for refugee status because this danger is the same for the entire population in a given area. A person from a war-affected state may obtain refugee status only if the danger to which he or she is exposed is result of one of the grounds referred to in Art. 1A(2) of the Convention (race, religion, nationality, membership of a particular social group or political opinion). Finally, it is also specific to determine the refugee status of persons who fled the country of origin due to the evasion of military service. In principle, military service evasion per se is not enough to apply for refugee protection. A person who avoids military service can obtain refugee status only if he proves that he: a) refuse to participate in armed conflict condemned by the international community; b) was subject to discrimination in the performing military service; c) could not realize conscientious objection to military service; оr, d) avoided military service because of violation of fundamental human rights that can be treated as persecution.

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Türk Kamu Yönetiminde Göç Politikaları ve Göç Yönetiminin Belirlenmesinde Avrupa Birliği ve Avrupalı Değerlerin Yeri

Author(s): Yusuf Soyupek / Language(s): Turkish Publication Year: 0

Türk kamu yönetiminin hem idari hem de hukuki açıdan değişiminde ve gelişiminde Avrupa devletlerinin ve değerlerinin geçmişten günümüze önemli etkisi ve katkısı olmuştur. Son yıllarda Türkiye ve dünya gündemini derinden etkileyen olaylardan birisi olan göç konusunda da Türk kamu yönetimi idari ve hukuki açıdan Avrupa Birliği’nin yönlendirmesi ve zorlamasıyla önemli değişiklikler yapmıştır. Göç, içine birden fazla aktörün dâhil olduğu çok karmaşık bir olaydır. Bundan dolayı göç yönetimi ve göç politikalarının belirlenmesi ve uygulanmaya konulması da aynı şekilde karmaşık ve bir o kadar da zorlu bir süreçtir. Her ne kadar göç olgusu insanlığın tarihi kadar eski olup günümüze dek sürekli devam etmiş olsa da göçün kamu yönetimleri ve kamu politikaları gündeminde üst sıralara çıkması 1950 ve 1960’lardan itibaren olmuştur.

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BIOETHICS, LAW AND AGING - LEGAL AND ETHICAL CHALLENGES OF AGING AND ORGAN TRANSPLANTATION

Author(s): Tomislav Nedić / Language(s): English Publication Year: 0

The issue of organ donation and transplantation is, in the first place, an issue of medical excellence of transplantation teams, but also a controversial issue with doubtful bioethical, legal, cultural, religious, and other questions. Since medical research are improving constantly, research in the field of organ transplantation is setting new interesting (bio) ethical and legal questions. According to the last population census, there are approximately one million inhabitants in the Republic of Croatia who are older than 60 years and who are also more likely to be on the organ transplantation candidate’s list than the younger inhabitants, because of the various health problems of the aging process. Also, according to research, the median age of 150 patients on chronic dialysis at the Clinical Hospital Centre Osijek is 65.5 years. Since bioethics is a scientific discipline that studies all issues related to life itself, organ transplantation and aging are some of the crucial fields of the human aspect of bioethics. By connecting these two issues, this chapter aims to expound the main (bio)ethical and legal problems of organ donation and transplantation and put them into the context of the issue of aging in the Republic of Croatia. The main questions that may arise are what the main problems of older people are when it comes to organ donation and transplantation, whether they are aware of them and if there is any kind of age discrimination in the process of organ allocation. The author will try to point out these and other bioethical questions when it comes to aging and organ donation and transplantation, and also set a new scheme of awareness in relation to this issue.

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Food safety management systems

Author(s): Justyna Górna / Language(s): English Publication Year: 0

1. Importance of food safety. 1.1. Types of food safety hazards. 1.2. Codex alimentarius commission. 1.3. History and rules of the HACCP system. 1.4. Legal requirements within the scope of food safety. 2. Importance of GMP/GHP in food safety assurance. 3. Food safety monitoring bodies in the world and the European Union. 4. Normalization and standardization requirements. 4.1. Food safety management in compliance with the ISO 22000:2005 standard. 4.2. Food safety management system in compliance with the requirements of the BRC standard. 4.3. Food safety management system in compliance with the international food standard.

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Компетентни органи във връзка с издаване на европейска заповед за запор на банкови сметки по трансгранични дела

Author(s): Radostina Nikodimova / Language(s): Bulgarian Publication Year: 0

The European Bank Preservation Order, еstablished by Regulation (EU) No 655/2014, as an alternative to existing legal procedures in each EU Member State. The procedure facilitates EU debt collection and serves as an additional safeguard in cross-border debt recovery in civil and commercial matters. This statement aims to guide finding the competent authorities for issuing a European Bank Account Preservation Order. Competent authorities under the procedure for implementing Regulation (EU) No 655/2014 can be distinguished in several directions: I. Competent authorities for issuing of the preservation order; II. Competent enforcement authorities; III. Courts or enforcement authorities competent to provide remedies;IV. Competent authorities with which an appeal is to be lodged; V. Others.

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Форма на пророгационното споразумение по граждански и търговски дела с международен елемент

Author(s): Kristian Raychev / Language(s): Bulgarian Publication Year: 0

The purpose of this scientific report is to briefly outline the main points relating to the form of the jurisdiction clause in international civil and commercial matters with regard to the arrangements contained in EU law. Part of the relevant case law of the Court of Justice of the European Union has been discussed, analyzing some of the most recent rulings interpreting the legal framework.In this regard, the report provides guidance to law enforcement authorities on the basic principles and understandings that must be taken into account when assessing their international competence arising from an agreement between the parties.

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Sustainable development in accounting

Author(s): Marzena Remlein / Language(s): English Publication Year: 0

The purpose of this chapter is to present and discuss the essence and importance of accounting in the concept of sustainable development. Considerations are particularly focused on reporting CSR issues. The growing importance of the idea of sustainable development and the concept of Corporate Social Responsibility that arose on its basis, gave rise to the need for accounting systems to develop solutions enabling the provision of information on the methods and results of implementing these concepts in entities operating on the market. The interest in accounting with regard to the area of sustainable development has contributed to the development of vocabulary related to measurement, calculation, disclosure, reporting and verification of information on the activities of units for sustainable development. Reporting on Corporate Social Responsibility (CSR) is still largely voluntary and non-standardised. However, there are various international organisations that develop frameworks and voluntary standards for non-financial reporting, the so-called Social Reporting Standards. The most important EU legislative initiative in the field of disclosure concerning environmental, social and corporate governance information is Directive 2014/95/EU of the European Parliament and Council from 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity in formation by certain large undertakings and groups. The combination of financial information (financial statements) with non-financial information relating to the environment, society and corporate governance is included in the integrated report. In Poland, the requirement to present non-financial information related to CSR was introduced by the Accounting Act. Polish companies should prepare a separate report—“Statement on nonfinancial information”. In 2017, the Polish Standard of Non-Financial Information (SIN, 2017) was published to help enterprises fulfil their obligations under the EU Directive.

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PROBLEMELE SOCIALE ALE FEMEILOR VICTIME ALE VIOLENȚEI ÎN FAMILIE

Author(s): Cristina Crudu / Language(s): Romanian Publication Year: 0

Domestic violence is widespread in contemporary society, at the level of all social categories and deeply rooted, with serious effects on the health, quality of life and well-being of victims and their families. This scourge is not only a social and public health problem, but also a problem of non-respect and violation of human rights, its complexity requiring the active and direct intervention of the responsible national authorities, both in terms of providing support measures. protection of the personal integrity of victims, as well as the protection of their common social interests, such as the freedom and dignity of the person.

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Impactul pandemiei Covid-19 asupra sistemelor judiciare din cadrul Uniunii Europene

Author(s): Laura Magdalena Trocan / Language(s): Romanian Publication Year: 0

The Covid - 19 pandemic has generated a global health crisis, with profound implications for all areas of life, and the measures taken against it have been unprecedented challenges for all state authorities and the population. Justice has not been spared by the effects of the pandemic, restrictive measures taken all over the world, including at European Union level, have in many cases disrupted activity in this area, they infringed fundamental rights, caused procedural delays, affected procedural deadlines and led to the suspension or reduction of legal aid and public and community services. The measures have significantly affected international cooperation and also reconfigured the use of digital tools in the judiciary system. In this context, this article aims to provide an overview of the consequences of the Covid-19 pandemic on the judiciary system in the European Union in the light of the measures taken to combat its effects, using official information on the portals of national and European institutions.

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Protecția datelor cu caracter personal, drepturile și obligațiile salariaților în contextul crizei sanitare generate de pandemia Covid-19

Author(s): Daniela Duță / Language(s): Romanian Publication Year: 0

This study aims to present the changes to the rights and obligations of employees as a result of the spread of SARS-CoV-2 coronavirus. The study follows the new regulations and legislative changes brought to the employees' rights at national level, such as: work from the employee's home, or from any other location agreed with the employer; telework, granting days off for parents to supervise their children, reducing working time, extending the validity of documents including collective labor agreements and related data processing. Since the state of emergency, economic operators have had to provide employees with an adequate level of protection through measures such as: providing logistical means for working from home or teleworking, where possible, measuring body temperature with appropriate means to check whether it exceeds or does not exceed a certain predefined level at the entrance to the operator's buildings. In the context of the spread of the SARS-CoV-2 coronavirus and the massive digitalization, new personal data were processed such as: place of work of the employee in the situation of work at home or telework, data on health, electronic signature, image, voice, calendar dates and times for online connection to virtual meetings and events, trainings conducted on various platforms. At the level of the European Union, the European Parliament adopted the Resolution of 21 January 2021 by which it addressed a series of recommendations to the European Commission on the need to regulate at the level of the member states the employee's right to disconnect. The pandemic accelerated the transformations and reconfigured the labor relations that had to be adapted to the new realities, bringing new particularities and associated risks.

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Editor's note about the 14th International Conference „Contemporary Approaches in Banking and Financial Law” took place in Bucharest, Romania, on 15 April 2021

Author(s): Cristina Elena Popa Tache / Language(s): English Publication Year: 0

The 14th Banking and Financial Law Conference took place in Bucharest, Romania, on 15 April 2021, which I had the privilege of moderating. It seems that banking law has never faced such great challenges and all this can be done only with specialized lawyers very well trained in banking and financial field. A country that does not have banking guidance from its own team of elite specialists in banking law will not find the way to progress because it will not be able to identify the best solutions. For this purpose, a very important approach is the exchange of experience through conferences, working groups, research committees, the writing of studies, articles or the elaboration of re- search programs in this field.

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Public procurement in times of pandemic Covid 19: the exception regime in Portuguese law and times of change in E.U.

Author(s): Maria do Rosario Anjos / Language(s): English Publication Year: 0

This work focuses on the importance of public procurement in the context of the recent COVID 19 pandemic and the impact it has had on the legal rules for these con- tracts. The analysis refers to the context of the Portuguese legal order and its connection to the European Union law. Objectives: examine the effects of the pandemic on the legal regime of public procurement in Portugal and its compliance with EU law. Analysis of legislative measures adopted by the prevention, containment, mitigation and treatment of epidemiological infection by COVID-19. Methodology: study of new legal measures introduced in pandemic time and study of the solutions adopted by Portuguese law. Results: we present the results of analysis of changes to the rules applicable to the formation of public works contracts, contracts for the leasing or acquisition of movable property and the acquisition of services, provided by the administrative public sector or similar, as result of the pandemic crisis.

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Regulating Crypto Assets under the Covid-19 pandemic veil: legislation in the EU and the Czech perspective

Author(s): Petr Tomčiak / Language(s): English Publication Year: 0

This contribution aims to discuss recent regulatory initiatives concerning crypto-assets and to analyse the development on the market of crypto assets with reactions made by regulators. During the Covid-19 pandemic the financial markets, especially crypto assets experienced unprecedented volatility. The economic uncertainty and dynamic rise of crypto assets together with retail investors’ higher attention forced regulators to react. Based on the latest market development the contribution shall discuss key elements of the proposal for a regulation on market in crypto assets. After descriptive analysis of the legislative proposals, the weaknesses should be analyses aiming to identify key problematic issues and potential consequences of the proposal. The critical discussion should justify the need for regulations to draw attention to aspects that shall be revised during the legislative process. Special attention is paid to the regulation in the EU and implications for the Czech Republic.

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Covid-19 vaccination practices in the workplace and the comparison of data protection practices between the European Union and Turkey

Author(s): Sena Karaduman İşlek / Language(s): English Publication Year: 0

The world has been dealing with a pandemic for almost two years. Since COVID-19 has been spreading rapidly, individuals have been asked to provide test results about not being infected. Test results and vaccination fall within the scope of personal data. To be more specific, these data are categorized as health data. The safety of health data throughout the pandemic needs to be ensured. There must be certain procedures to follow when people process health data. To secure the workplace, employers ask about the vaccination status of their employees. This paper focuses on the processing of vaccination status of employees in the workplace and whether employers can record the vaccination status of their employees and the terms under which they can do so. In this regard, processing vaccination data in the practices of United Kingdom, Belgium, Ireland, Czech Republic, Italy, and Turkey will be evaluated.

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Rola organów stanowiących jednostki samorządu terytorialnego w kształtowaniu polityki rozwoju obszarów wiejskich i rolnictwa

Author(s): Magdalena Krzysztofik-Pelka / Language(s): Polish Publication Year: 0

The history of Polish and European rural development policy and agriculture indicates that rural development is gradual, requires a lot of commitment and time. The constitutive bodies of local government units have a great importance in shaping this policy. Their tasks of rural development and agriculture are of a diverse nature, which results from the systemic position of the organs and the scope of their activity. These are tasks related to, among others with the implementation of local tax policy in rural areas, shaping the beekeeping sector or supporting the local economy of rural areas. In addition, the activities undertaken for the development of rural areas in Poland by the authorities constituting municipalities and provinces are complementary to each other. The commune council directly influences the situation of a member of a small rural community. However, the voivodship parliament is involved in creating a uniform rural policy in all rural areas of the whole country.

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