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№216. From Lisbon to Deauville: Practicalities of the Lisbon treaty revision(s)

Author(s): Piotr Maciej Kaczyński,Peadar ó Broin / Language(s): English

It has only been one year since the Treaty of Lisbon entered into force and already there is a stack of pending issues requiring primary law change in the EU. The Franco-German Deauville Declaration of 18 October 2010 is probably the most politically prominent of them all, yet it is not the first, nor will it be the last in a long, incremental process of constant treaty revision similar to the national process of amending national constitutions. All of these proposals have one feature in common: none of them is an overarching treaty change and each one is designed in such a way that amends only one element of the system. This, in theory, should avoid the need to submit the change to public referenda in the EU as part of the ratification process. This paper explores the political difficulties of treaty reform in the context of five pending revisions. It first looks at the Deauville Declaration and its translation into political and legal reality. The second part is dedicated to the four other treaty revisions on the European agenda. Finally, it focuses on some of the potential problems in the ratification phase.

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Relevantni međunarodni instrumenti koji su uzeti u obzir u procesu revizije Zakona o VSTV BiH

Author(s): Author Not Specified / Language(s): Bosnian

U toku revizije Zakona o Visokom sudskom i tužilačkom vijeću BiH (u daljem tekstu: Zakon o VSTV-u BiH), Vijeće se rukovodilo najvišim međunarodnim standardima iz različitih međunarodnih instrumenata, od kojih su neki obavezujući za Bosnu i Hercegovinu. Slijedi kratak pregled osnovnih podataka i značaja dokumenata u kojima su utvrđeni različiti relevantni standardi koji su uzeti u obzir u procesu revizije.

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Primena međunarodnog prava u postupcima po ustavnoj žalbi Ustavnog suda Republike Srbije

Author(s): Tijana Šurlan / Language(s): Serbian

The position of the International Law in the national legal system is defined in the Constitution of the Republic of Serbia (Article 16). International law forms the integral part of the national legal system and it is directly applicable. In addition to the general definition of the position of the International Law, the significance and place of international legal acts in the field of human rights protection is additionally defined. The determination of human rights is grounded on the provisions of the Constitution, International Law and law to a certain extent (Article 18). The interpretation of human rights needs to be further aligned with the standards and practices of international institutions that monitor the implementation of human rights. The normative framework for the application of the International Law in proceedings before the Constitutional Court has therefore been created and it is the Court prerogative to implement it. The paper cites the Constitutional Courts jurisprudence in two categories of cases: cases whose normative framework inevitably had to introduce international legal acts and cases where it was not necessary but it was appropriate. For the purpose of comparing and presenting methods of application of the International Law in the European Court of Human Rights jurisprudence has been used. Cases that were considered treated the same rights, as the cases of the Constitutional Court which were analysed as illustration - the human right of asylum, prohibition of torture and the rights of the child. The overall conclusion is that the Constitutional Court rarely applies international law in its constitutional complaint procedure. The provisions of the Constitution do not create obligation to apply international law, but create international law as an integral part of the legal system, with the instruction to implement standards and case-law of international institutions protecting the human rights. International Law, rich in legal acts protecting human rights, as well as the experience of the international institution, form great amount of helpful tools for further development of the protection of human rights and thus it should be used in the procedures before the Constitutional Court.

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Доклад об исполнении Международной конвенции о ликвидации всех форм дискриминации в отношении женщин Республикой Беларусь

Author(s): Tatiana Glushkova / Language(s): Belarusian

This report was submitted to the Committee on the Elimination of Discrimination against Women (hereinafter referred to as the Committee) for consideration concerning the eighth periodic report of Belarus on the implementation of the Convention on the Elimination of All Forms of Discrimination against Women (hereinafter the Convention). The report contains selective answers to the questions contained in the List of Problems and Issues prior to the adoption of the eighth periodic report of Belarus. // The report was prepared by the Belarusian Helsinki Committee; by the "Belarusian Documentation Center", by the “Gomel Center for Strategic Litigation”, the “Belarusian House of Human Rights” named after B. Zvozskov, by the “Consultation Center on Current International Practices and Their Implementation in Human Rights Human Constant", the International Association of Lesbians, Gays and Intersexes, Bisexuals, the Initiative Group "Identity and Law", the Educational Institution "Center for Legal Transformation", the Roma-Integration-Initiative together with the Center for Expertise in the Field of Equal Rights, in cooperation with the Helsinki Foundation for Human Rights (Poland). Co-author and editor: Tatiana Glushkova (Memorial Human Rights Center).

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AMENINȚĂRILE DE TIP TRANSNAȚIONAL ÎN ERA GLOBALIZĂRII. PSIHO-SOCIOLOGIA ATACURILOR TERORISTE DIN CATALONIA

Author(s): Rodica-Cristina BĂLAN Liseanu / Language(s): Romanian Publication Year: 0

Terrorist threats to European security in the context of globalisation are of major relevance because of their global implications at the psycho-socio-individual level. This article proposes a qualitative analysis of the two terrorist attacks in Barcelona and Cambrils on 17-18 August 2017, claimed by ISIS members of the Salafist insurgent group. The approach brings to attention the issue of transnational threats and the anomie of terror partisans. The characteristics of the terrorist's personality profile, the pyramidal structure of involvement within a group, motivation, dynamics of actions according to intra-cellular organization, sphere of interest according to geographical location, level of involvement, influence of social, economic, cultural realities are brought under the microscope of analysis. A detailed analysis reveals the meticulousness of the practices of the groups, with a view to prevention and increasing the solidarity of the responsible institutions and civil society in combating the phenomenon.

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Coordonate esențiale ale situației umanitar-migraționiste din Ucraina; impactul acesteia în ce privește România

Author(s): Adrian Băncilă / Language(s): Romanian Publication Year: 0

From 2022, an unprecedented armed conflict, in the last 50 years in this area of the world, is taking place on Romania's borders. Our country has shown a high level of generosity, hospitality and solidarity in its efforts to help Ukrainian refugees fleeing the armed conflicts in their homeland. The Romanian government has implemented policies and emergency measures to provide protection, access to vital services and social inclusion in national systems. As far as Romania is concerned, the characteristics of the refugee population have imposed an integrated approach to educational services. This approach was adapted to combat language barriers but also the reluctance of the refugees to call on educational services based on their personal conviction. Romania, through its leadership, realized on the occasion of the serious events that took place in 2022, that in the Romanian administrative systems the administrative barriers still remain significant and only through sustained and coordinated efforts (consisting of legislative interventions and changes in public policies and strategies) can they be overcome.

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Războiul din Ucraina și provocările la adresa securității publice

Author(s): Sorin-Stelian Căpățînă / Language(s): Romanian Publication Year: 0

Started in February 2022, through a military aggression by Russia, the war in Ukraine represents a threat to international security, but it can affect, without reaching the generalization of the conflict, the public security of the states of Europe, but especially of the states near the area of conflict.Like any military conflict, it generates a series of crises in the economic, social, humanitarian, public order etc. The huge wave of refugees transited the states bordering the conflict, to take shelter from the war, generating a series of social problems in the destination countries.The challenges to public security must be analysed from multiple perspectives: of crime, of public pressure determined by the population of the destination countries, of the economic and social impact that the European Union states must sustain for supporting the Ukrainian war effort, and subsequently for reconstruction of affected areas.In creating scenarios of crisis evolution, past events must be considered. The refugee crisis caused by emigrants from North Africa and the Middle East has caused a series of economic and social problems in Europe, sometimes culminating in population protest movements against population that have committed delicts or crimes.Refugees or migrants are not always just helpless people running from war or repression in their countries of origin; elements that are part of organized crime networks or, why not, terrorist can easily infiltrate among them.Starting from some certain aspects, the article wants to identify and analyse potential aspects that could affect public security, in the context of the Ukrainian crisis.

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CANABISUL PE PIAȚA DE DROGURI A UNIUNII EUROPENE PÂNĂ ÎN ANUL 2020

Author(s): Gabriel Călin NISTOR,Sergiu-Adrian VASILE / Language(s): Romanian Publication Year: 0

Cannabis is the main drug market in the European Union and an important source of income for organized crime groups. Young people start using from a very young age, it estimates that one in seven young people between the ages of 15 and 34 has used cannabis in the last year. Europe is a major producer of cannabis, it is estimated that more than 20000 cannabis plots are discovered every year. The cannabis market is becoming more and more complex, although still the main products are marijuana and cannabis resin, cannabis oils with a high level of THC, synthetic cannabinoids, or other low-thc products are starting to appear on the market sold in different forms. In this article we will analyze the consequences of the drug markets (consequences for society, the environment, etc.), the factors that lead to the development of these markets, such as the globalization and the development of the technology, after which we will present the cannabis market in Europe, with the following subdivisions: production of marijuana and cannabis resin within and outside EU states, trafficking of marijuana and cannabis resin within and outside EU states, the situation of cannabis in Romania, to conclude with a series of conclusions regarding this market and measures for European states.

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PIAȚA INTERNAȚIONALĂ A COCAINEI

Author(s): Gabriel Călin NISTOR,Sergiu-Adrian VASILE / Language(s): Romanian Publication Year: 0

Organized crime groups are in full expansion and development, with ever-increasing revenues obtained from illicit activities. Drug trafficking represents an important source for these groups, constituting a permanent threat to the security of states. In smaller or larger proportions, each state is faced with this problem born from drug consumption and trafficking. The period 2010-2020 was a flourishing decade for the cocaine market, setting new records in terms of production, and a permanent increase in consumption among the population (the global area of coca leaf cultivation – 234,000 cultivated hectares, 1982 tons of cocaine pure produced – up by 11% compared to the previous year, 1424 tons of different purity confiscated by the authorities – up by 4.5%, the total number of consumers – 21 million.). The western and central European area represents the second market after North America (in Europe the cocaine market is the second largest after the cannabis market, only at the level of the European Union, in 2021 the number of consumers aged between 15 and 64 was 3.5 million (young consumers between the ages of 15 and 35 – 2.2 million), and the number of people who have consumed cocaine at least once in their life amounts to 14.4 million.). In the next article we will take a look at the global cocaine market; we will analyze the main producing countries: Colombia, Peru and Bolivia, we will also analyze the main traffic routes and methods, the key moments of the last years of the market, the European cocaine market and we will conclude with a series of conclusions.

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BUSOLA STRATEGICĂ – NOUL INSTRUMENT COMUN DE SECURITATE EUROPEANĂ

Author(s): Gabriel Pereş / Language(s): Romanian Publication Year: 0

The European Strategic Compass is a comprehensive approach developed by the European Union (EU) to guide the development and implementation of its defense and security policies. The Project was launched in 2020 as part of the EU efforts to enhance its military and civilian capabilities in order to face current and future security challenges. The Strategic Compass is designed to provide a strategic direction for the EU defense and security policies, taking into account the changing security environment, technological developments, and the need for collective action. It covers a wide range of issues, including military operations, crisis management, counterterrorism, cyber security, defense industry, and research and development. Europe is preparing to have a guided strategy that assesses risks and finds useful and timely solutions in such a way that the degree of security remains at high standards.

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Provocări în gestionarea migrației– Pactul UE privind migrația și azilul

Author(s): Bianca-Ioana Petcu / Language(s): Romanian Publication Year: 0

Migration has been a feature of human existence for centuries. People have always migrated in groups or individually to seek freedom, to escape poverty, to find new economic opportunities, to flee religious intolerance or political repression and this process is impacting both countries of origin and countries of destination. The issue of migration is complex. Through a well-managed system, migration can contribute to growth, innovation and social dynamism. Both the safety of people seeking international protection or seeking a better life must be taken into account, as well as the concerns of destination countries who fear that migration pressures will exceed their capacities. Following the Refugee Crisis of 2015-2016 and the different way in which Member States were impacted, it was identified the need to build a system to manage and normalize migration in the long term and which is fully based on European values and the international law. In this sense, the steps for the action of the Pact on Migration and Asylum have been initiated, which specifies that no Member State should assume a disproportionate responsibility and that all Member States should constantly contribute to solidarity, aiming a solid and balanced management of migration flows that are looking for a better life on the territory of the European Union. This new common framework will set out the principles and structures needed for an integrated approach over the migration and asylum policy, in order to ensures a fair share of responsibility and effective management of mixed arrivals: both persons in need of international protection and persons that do not need such protection.

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Aspecte ale fluxului de aer prin galeria de admisie a unui motor marin cu turbină

Author(s): George Bălan,Amado Ștefan,Vasile Năstăsescu / Language(s): Romanian Publication Year: 0

The paper presents aspects related to the flow of air through the intake manifold of a turbine engine, for its maximum operating regime. The manifold pressure losses are calculated using the analytical relations. For a more accurate calculation, the flow is calculated with numerical methods.

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Съвременни политики на Република България, като част от НАТО, за прилагане на превантивни мерки на лица с наложени забрани за напускане на страната

Author(s): Venelina Kostova / Language(s): Bulgarian Publication Year: 0

Essentially, the preventive activity is protection of the inviolability of the person and the property of the Bulgarian citizens. One of the important mechanisms for effective impact is the implementation of appropriate and strictly differentiated measures, through which the appropriate preventive influence can be exerted on a certain group of vulnerable persons who may commit or suffer from crimes. The report presents a new type of administrative measures included in the national legislation – bans on leaving the country for vulnerable adults and minors, as well as the possibility of issuing a temporary identity card to persons with a decreed ban.

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Новият закон за противодействие на корупцията - предизвикателства и перспективи

Author(s): Jordan Georgiev Deliversky / Language(s): Bulgarian Publication Year: 0

Corruption is a major factor for causing difficulties in functioning of any country, and the presence of an increased corruption risk forms a negative impact at regional and international level. Bulgaria does not make an exception in that remark, as the county also faces current challenges. This requires certain resultative actions to be applied for dealing with the increase of corruption risk and for providing adequate countermeasures against corruption practices. In response to the indications of a widespread corruption, which could be seen not only via external monitoring and analysis of processes in the Bulgarian society, but also through an internal assessment of public environment, steps towards change of the legal framework have been introduced by series of legislative initiatives and actions. These steps aim to create an adequate mechanism to counteract the corruption. The article identifies present challenges towards introducing new legal approach in counteracting the corruption. It presents the perspectives that have to be supported for achieving higher efficiency of anti-corruption measures.

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Функциониране и предизвикателства пред информационната система за морска сигурност

Author(s): Krasimir Kostadinov / Language(s): Bulgarian Publication Year: 0

The report examines the information systems of the main structures of Bulgaria, used to obtain information and build a familiar picture of the maritime spaces. Their possibilities and features of functioning are analyzed. A vision for integrating information and increasing the capabilities of structures to ensure the maritime security of the Bulgarian state is presented.

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Участия на български военни контингенти в операции и мисии извън територията на страната – преди и след присъединяването на България към НАТО

Author(s): Maksim Karev / Language(s): Bulgarian Publication Year: 0

The report presents a brief introduction to the process of the accession of the Republic of Bulgaria to the North Atlantic Treaty, as well as a retrospective of the participation of Bulgarian military contingents in missions and operations abroad before and after the accession of the Republic of Bulgaria to NATO. In the conclusion, a small part of the evidence presenting the Republic of Bulgaria as a reliable partner of NATO and the EU is indicated.

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Изкуственият интелект – елемент на трансформация на процесите на управление

Author(s): Milena Georgieva / Language(s): Bulgarian Publication Year: 0

The management of systems is often associated with great difficulties arising from the high degree of uncertainty in the elements influencing the system’s operation. One means of overcoming these difficulties is to automate processes by applying knowledge in artificial intelligence systems. The development of technologies in the field of artificial intelligence contributes to the increase of capabilities in control systems to perceive and interpret reality. The paper presents models of a conventional system with artificial intelligence, as well as a description of the properties and processes involved in the control process in both systems. The brief analysis identifies opportunities for improving management and increasing its efficiency through the use of artificial intelligence systems.

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Стратегия и политика на НАТО в района на Черно море

Author(s): Oleg Marinov / Language(s): Bulgarian Publication Year: 0

The report examines the strategic importance of the Black Sea region for NATO and its partners. Emphasis is placed on the stabilizing role of the Alliance in ensuring a reliable, safe and prosperous environment in the Black Sea region. The NATOled policy in the Greater Black Sea region and the preparation of a strategy for the resolution of the problems and conflicts threatening Euro-Atlantic security in the area are justified by means of an analysis of the existing threats and challenges in and around the Black Sea. The report draws the conclusion that the Black Sea region needs the stabilizing influence of NATO and the Alliance must protect its interests in this region.

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The Environmental Consequences of Military Activity

Author(s): Ramil Akhundov / Language(s): English Publication Year: 0

he military activity of m odern states poses a special danger to the ecological state due to the specificity of means and methods of achieving the set goals. However, in modern conditions, not only military operations, but also everyday activities of troops have irreparable consequences for nature. The article examines the impact of modern warfare and military activities on the structure and functioning of ecosystems. The consequences of military conflicts and daily military activities on the environment were examined. It is brought to the attention that the above-mentioned activities have an overwhelming negative impact on the structure and functioning of the ecosystem. However, it is emphasized that along with the negative impact, there is also a positive impact of military activities on environmental security. Thus, military activity was favorable for the environment under certain conditions, for example, when an exclusion zone was created, which usually led to an increase in the number or restoration of the populations. Due to the limited access to research results on issues related to military activities, information related to the impact of military operations on the environment is relatively scarce and is often studied years after the cessation of military activities and without knowledge of the initial conditions. This highlights the importance of conducting additional research on the environmental impact of military activities, which will help identify opportunities to mitigate negative consequences, while informing the development of optimal rehabilitation and recovery strategies.

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Новото световно безредие

Author(s): Lyubomir Kyuchukov / Language(s): Bulgarian Publication Year: 0

The erosion of the post-war world order does not necessarily lead to the establishment of a new one, it rather creates a new world disorder. The existing order is based on international institutions (first and foremost – the UN system) and international law, but no such new ones are set up. However, the war in Ukraine will have a long-term negative effect on world’s developments: whenever and however it takes an end, provided that it does not evolve into a global conflict, we will have to face a deeply divided, confronted and militarised world, dominated by policies, based on the position of force and a fight over spheres of influence, with no mutual confidence and no prospect for political dialogue.

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