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EN
More and more frequently, public administrations of European countries participate in the processes of various reforms of governance, which are recently named as a new modes of governance. In the first part of this article new modes of governance are described in member countries, as well as in European Union. In European field Open Method of Coordination and decentralization processes are portrayed. In second part of the article Polish administrative reforms are assessed. The attention is focused on post-socialist administrative tradition which influence introducing modes of governance. Furthermore, four basic processes of transformation of public administration in post-communist state are presented, including European integration arrangements. The problem of adequacy of European integration for better solving social and economic problems is raised. Finally, new modes of governance in enlarged European Union are summed up, with specific hypothesis related to new Member Countries and issues for further research
2
Content available remote Unia Europejska wobec kosmopolityzmu prawnego
63%
EN
This article seeks to identify the characteristic features of legal cosmopolitanism, the EU’s attitude towards it, and its consequences. Cosmopolitanism manifests itself in creating normative systems outside and above traditional international law. While the latter draws its binding power from the will of states, cosmopolitan rules are created by private actors and their binding power results predominantly from the practical necessity to obey. Such is the status of lex sportiva, of the power of rating agencies, or private accreditation bodies. Rating agencies create soft, although powerful rules concerning the standing of commercial papers, goods, services and entire national economies. Institutional examples of cosmopolitan rule are also global judicial and administrative networks. Judges and regulators exchange opinions and information, thus informally shaping the axiological foundations of decision-making. The relation of the EU towards cosmopolitan law is multifaceted. The EU has been an inspiration to the cosmopolitan legal theory and activism. In some areas the EU clearly asserts the superiority of its law, particularly where the rules of the internal market are being violated. In some instances the EU allows cosmopolitan rules to take over as is the case of the rules of the game in sports law, while in other areas the rules of both systems overlap or disjoint. Usually, the spread of cosmopolitan normative systems is the product of a power vacuum created by insufficient activity of the EU or national legislative bodies. The downside of legal cosmopolitanism is the danger of judicial overstepping their powers by making laws instead of applying it. Cosmopolitan organizations, including rating agencies, avoid responsibility hiding behind their status as private organizations while at the same time exercising exorbitant infl uence on public life. The most important reservation is this: by enhancing the cosmopolitan multicentricity of law and its desystemization we deprive law of its defi ning attribute – predictability. Fortunately the EU has taken some legislative actions to counterbalance the negative impact of cosmopolitanism. The recent UE regulations aimed at subjecting rating agencies to more control are a step in the right direction, and a model approach to cosmopolitan normative systems.
EN
The aim of the analysis is to answer the question if Poland's accession to the EU has influenced trade turnover between Poland and Russia and the prospects of its further development. The authoress uses the method of statistical analysis (based on the data of the Main Statistical Office ) and the analysis of documents and legal regulations (concerning the change of conditions of the access to the partners' markets ) which lead to the following conclusions. Despite earlier doubts, the period between 2004-2005 saw a considerable rise in the trade exchange between Poland and Russia. It took place in spite of the tension in political relations and the Russian restrictions towards import of some of the Polish food and agricultural products. The increase in the Polish imports was connected mainly with the increase in the world prices of oil and gas - the two resources dominant in these imports. The rise in the exports reflected good economic conditions in Russia as well as a progressing improvement in competitiveness of Polish products and the effects of the previous modernization of companies whose aim was to cope effectively with the competition on the uniform European market. The condition which has to be fulfilled to increase benefits resulting from the trade exchange with Russia is diversification of product structure of the Polish exports and reduction in Poland's dependence on imports of energy resources.
4
Content available remote Rozszerzenie Unii Europejskiej na Wschód – geneza, rezultaty, perspektywy
63%
EN
The article comprises a concise synthesis of history, the achievements and prospects for further development of the processes European Union eastern enlargement. Initially, these processes concerned the group of post-Communist countries of East and Central Europe which expressed the desire to join the EU. Following long and diffi cult preparations on both sides, 11 states fi nally achieved this in 2004–2013. This has brought very positive results for both the new members and the EU as a whole. However, in the broadly understood East of Europe, there remains a group of countries of which some also aspire to become members of the EU and undertake various efforts to further this goal. The European Union supports these efforts, but it does not have any clearly defi ned policy in this respect. The reason for this are primarily differences of interest on both the EU level and the level of the individual Member States, especially among the most powerful ones among them. At present, everything seems to indicate that the possibilities of swift continuation of the EU eastward enlargement have been exhausted. The candidate countries struggle with a complicated and diffi cult internal and international situation, while in most countries of the ‘old’ EU we can observe a distinct reluctance to see the EU enlarge further. The position of the new members, and especially Poland, will not be of any help here, because while the eastern enlargement is very important to them, they’re voice is not yet strong enough to prevail over the others.
EN
The main traget of this article is introduction and the analysis of tasks of Polish education in context of integration with European Union. Investing in education contributes to creating of new reality and human capital, which in consequence leads to better functioning of social groups in integrated Europe. The understanding of need of educational development in Poland, both in theoretical aspect, connected with legal solutions, as also in practical aspect, relating projecting of workings on that kind of education, her efficiency conditions, and by this also the way of being and the functioning the yound generation in united Europe. In this article was also important the meaning of essential changes, which should step out in Polish education, and challenges, which stand before the young man, pupil of Polish school. Necessary becomes special thought over education, as it could really prepare to finding in civilization of constant changes.
6
Content available remote Europejska spółka prywatna jako próba ujednolicania sektora MŚP w UE
63%
EN
The article is one in a small cycle of publications in which the author explores legal and economic aspects of operating a business according to EU legislation. In this article, we look at some of the opportunities created by European Private Companies. The implementation of EPC in the EU reveals efforts to unify the organisational principles of the pan-European market. However, it has certain shortcomings typical of EU legislations resulting from the impossibility (or unwillingness) to take measures more radical than those specifi ed in the regulations for legal norms of EU directives. If it were decided that the existence of such bodies were justifi ed (which does not seem that obvious), decree-based measures should be applied – at least to those international entities which operate within member countries. The analysis conducted in the present article takes into consideration detailed rules of authorization, proportions and subsidiarity. Issues under analysis are illustrated by several cases of EU legal resolutions. In the section devoted to economic analysis, we propose a number of solutions which could capitalise on the scope of EPC within Poland’s economic reality.
7
Content available remote Wolność religijna i poprawność europejska
63%
ELPIS
|
2012
|
tom 14
|
nr 25-26
105-113
EN
We live in times that are particularly sensitive to issues such as freedom and are differentiated by strong aspirations for personal and societal freedom. One speaks of political-societal freedom, freedom of religion, artistic freedom and freedom to choose one’s own lifestyle. It would be possible to make a long list of the various kinds or manifestations of freedom, which modern individuals indentify in their lives. My essay considers the ways the law functions in regards to religious freedom in the context of the currently prevailing and implemented political visions in United Europe. Strictly speaking, this paper concerns the definition of place, which was assigned for religious convictions of citizens of the European Union and their role in shaping their personal and societal lives.
8
Content available remote Najważniejsze problemy Macedonii w procesie integracji z Unią Europejską
63%
EN
Since 1991, when Macedonia became independent, integration with Western structures – the European Union and the NATO – has been its main foreign policy objective. All Macedonian governments have consi¬stently worked towards implementing the political, economic and social reforms required by the Copenhagen criteria. To a certain extent, the EU appreciated Macedonia’s efforts: in 2005, it granted Macedonia, known as FYROM, the status of a candidate country. However, the implementation of internal reforms alone has proved insufficient to commence the acces¬sion negotiations. The path to the EU is still blocked by unsettled issu¬es with Greece and Bulgaria. The government in Athens demands that Macedonia settle the dispute over its name and accuses it of appropria¬ting Greek historical heritage. Sofia, in turn, accuses Skopje of falsifying history and discriminating against the Bulgarian minority living on the territory of the Republic of Macedonia.
EN
Definition of the Constitution according to French Déclaration des droits de ľhomme et du citoyen: Constitution based upon principles of separation of powers on the one hand and human rights guarantees on the other. Residual sovereignty, stronger powers of executives, position of national parliament. Supranationality landmarks: The Treaty establishing the European Coal and Steel Community, European judicial power, national constitutionalism.
EN
The article describes issues connected with the functioning of clusters in the EU, which is not homogenous in this matter. The EU-15 countries vastly exceed the newly accepted EU countries both in terms of the number of functioning clusters, their degree of development and their level of technological advancement. This article consists of five parts, which, among other things, define a cluster and present factors that are decisive in the formation of these structures and the stages of their formation. The article also focuses on the effects of cluster functioning in the EU, particularly in the context of their influence on employment, innovativeness and revenue generated. In the study the role of public authorities in forming and functioning of cluster structures in the EU area is also emphasised.
EN
The authoress of the article describes the system of assistance to areas with unfavourable conditions that operates in Ireland, presenting the characteristic features of these areas and successive changes in their delimitation. The main part of the article is devoted to the presentation of the results of analyses and assessments of the described system of assistance to agriculture and rural areas contained in the Irish evaluation documents which take into account the instrument's compatibility with other measures envisaged by the Plan for the Development of Rural Areas, the degree of the system's contribution to the continuation of farming, the system's compatibility with the concept of sustainable husbandry, and the efficiency of administrative authorities.
12
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EN
The paper presents external information policy of the European Communities and the European Union, i.e. information and communication activities in countries outside the European Union. Since the beginning of European integration it has been a task of the European Commission and its experiences were analysed in detail. In 2010 the European External Action Service took over the responsibility for external actions. The information policy will present a challenge for it because it does not seem that the Service is better equipped for this task. Additionally, the differences and similarities between internal and external information policies are explored in order to assess if they can exchange good practices.
EN
The Treaty establishing the Constitution for Europe assumes the introduction of a new legal and institutional system and the creation of the new European Union characterized by a wide entity. However, it is carried out without a clear concept and principles of transit, a hierarchy and a structure of the system. It is an act of a compiliatory character which results from the way it is drawn up and which also explains its lack of unity and some inconsistencies with the regulations of the Constitution. Its systematic nature is far from being logical. It seems glaring to repeat certain regulations with a simultaneous change of their formulation and not to indicate their mutual relations. While rejecting 'acquis communautaire' some regulations of the Constitution appeal to it. A considerable degree of generality may lead to non-selfpracticability of the norms. All this may provoke collisions and interpretation and application of the Constitution regulations contra Iegem. In addition, the situation might also strengthen the influence of the biggest countries on functioning of the new Union although one should not assume that their role in preparing and defending the text of the of the Constitution aimed at achieving this.
EN
In the article were show the results of cross-sectional and dynamic analysis of diversification the level and structure of household debt and the problems with its repayment in the European Union countries over the period 2005-2009. The statistical data used in the analysis was taken from the European Commission research note. The data come from the Eurostat cyclic research: The European Union Statistics on Income and Living Conditions (EU-SILC) and from European Credit Research Institute (ECRI). In the article were used the multidimensional methods of data analysis (cluster analysis – k-means method) which enabled to classify the households in the European Union according to the characteristics that describe its debt.
15
Content available remote O brakach i niedostatkach w polityce zagranicznej UE
63%
EN
The European Union strives to be a global actor in international relations. However, we should note the numerous structural, geopolitical and systemic weaknesses and challenges in this regard. When describing the foreign and security policy of the EU, we can speak of distinct shortcomings and defi ciencies. At present, the role of the EU in the field of military policy is limited. It has been effective neither in conducting the Common Foreign and Security Policy nor the Common Security and Defence Policy, which could have demonstrated its signifi cant impact on the development of international relations on the global scale. The events in Ukraine and the attitude of the ‘EU-28’ towards Russia, and earlier the Arab Spring, have confi rmed this conclusively. Despite numerous declarations and documents issued by the EU, we should not expect any landmark decisions regarding the formulation of the EU’s aims and tasks in the fi eld of foreign and security policy. For almost two decades, the European Union has been unable to fulfi l the resolutions concerning greater community involvement in solving the problems of international security. It seems that there are no grounds to assume that the fundamental weaknesses of the EU’s foreign and security policy will be overcome in the near future. In this article, the author shall analyse and present them in detail, as well as discuss the institutional, legal and treaty changes aimed at improving the effectiveness and operational functionality of the EU’s foreign policy and hastening the development of comon military capabilities.
EN
The authors review the Eurobarometer 1996 data concerning public perception of biotechnology in European Union countries.
17
Content available remote Suwerenność narodowa a Unia Europejska
63%
ELPIS
|
2012
|
tom 14
|
nr 25-26
97-103
EN
Sovereignty is a fundamental attribute of the state. Sovereignty is when the authority is independent and does not depend on any other authority in international relations. The state is equal to other subjects of international law. The sovereignty of the state is directly related to international interdependence. The condition for use by state sovereignty is the ability to develop and implement its own strategy. In this regard, the ruling class must have a realistic concept of strategic objectives. The elites must have knowledge of how to achieve them and dispose of the material and organizational resources, necessary for their implementation.
18
Content available remote Dwa modele wykładni prounijnej
63%
EN
The article addresses the issue of the interpretation of national law in conformity with the law of the European Union. Specifically, the aim of the article is to elucidate how, in specific instances, this type of interpretation proceeds, i.e. to reveal the mode according to which a national court and official should interpret national provisions in order to assure that they conform to the requirements of EU law. Thus, two theoretical models of conforming interpretation have been distinguished. The first, which is deemed to be typical of Polish scholars, is based on the concept of a final norm (a norm devoted to the facts of a pending case), or, actually, two norms: one stemming from EU law and the second from national laws. The former takes precedence over the latter, becoming the basis for a decision in the case sub judice, inasmuch as this does not lead to excessive interference of EU law in the national legal system. The second model has been proposed by the Author, who called it ‘the model of the harmonisation of contexts’ or of a ‘single sack’. Here, the construction of national laws in conformity with EU law is done without the participation of any norms, whether general or individual. A national court (official) takes into account factors which influence the application of the national law in specific instances and, at the same time, factors which influence the application of relevant provisions of EU laws – as it would happen in the ‘single sack’ – so far as they do not interfere in the national legal order too much. The first model, at least in theory, is able to provide the EU law with the maximum efficacy and unity. However, national courts and officials may find it difficult to use it in practice. The second model is far more convenient from the perspective of judicial application at the national level, but it does not guarantee full conformity of the law of the Member States with EU law, even in case when that conformity is possible in terms of the limits set for conforming interpretation.
19
63%
EN
The article analyses the European Union as an important actor in con-temporary international relations. The first part of the paper characterises and defines the EU as a specific, unique participant in international re¬lations and subsequently presents its capabilities and instruments in this sphere. These capabilities result from the EU’s high position and role in the global arena, and the EU’s most important instrument in this context is external policy, which includes economic external relations (in which the EU is an economic giant) as well as the foreign and security policy, the weaknesses of which make the EU a political/military dwarf. The second part of the article is devoted to an analysis of these problems, examines the main deficiencies of the EU’s foreign policy and proposes remedies, including greater Communitisation of the foreign and security policy to improve its effectiveness. The final deliberations focus on the attempt to predict the position of the European Union in the future world, most probably more multipolar than the world of today.
EN
This paper aims to examine the prospects for cooperation between the European Union (EU) and the Shanghai Cooperation Organization (SCO) in combating global threats. A short description of the Shanghai grouping is followed by the analysis of the reasons for the organization’s relative little importance at the global level. The paper endeavours to identify the reasons for the lack of bilateral relations between the EU and the SCO. It focuses on China and Russia as the SCO’s leading member states. The main part of the article examines the role played by the EU, China and Russia in the efforts to counter environmental threats as well as the adverse effects of uncontrolled industrialization. Finally, it identifies the potential negative and positive factors determining the possibility of both organizations’ future cooperation in addressing global threats.
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