Studia Prawnicze KUL, 2021, nr 4

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https://hdl.handle.net/20.500.12153/2460

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Browsing Studia Prawnicze KUL, 2021, nr 4 by browse.metadata.rights "Attribution 4.0 International"

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    Extraterritorial application of the right to life on the high sea . Commentary to the Views adopted by the Human Rights Committee of 27 January 2021, A.S., D.I., O.I. and G.D. against Italy, Communication No. 3042/2017
    (Wydawnictwo KUL, 2021) Pacholski, Bartosz
    The subject matter of this commentary, which instigates the Views of the Human Rights Committee of 27 January 2021, is the protection of one of the fundamental human rights – the right to life. The Committee, as an authority appointed to oversee compliance with the International Covenant on Civil and Political Rights, had to decide on the issue of Italy’s responsibility for failing to provide assistance to a boat in distress, even if the area in which the vessel was located was not within the territory of this state and other acts of international law attribute the responsibility for executing the rescue operation to a third country. According to the Committee’s views, which applied extraterritorial approach to the protection of the right to life, whenever states have the opportunity to take action for the protection of human rights they should do everything possible in a given situation to help people in need.
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    The impact of the coronavirus pandemic on migration in the European Union
    (Wydawnictwo KUL, 2021) Szwed, Agata
    The aim of this article is to analyse the impact of the coronavirus pandemic on migration in the European Union. The paper studies the nature of migration with reference to individual social groups (migrant workers, students and persons seeking international protection). The article also presents a discussion on the EU’s response to changes in the phenomenon in question caused by the pandemic and the effects that these changes might have in the future.
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    Migration issues in the EU’s common foreign and security policy – selected aspects
    (Wydawnictwo KUL, 2021) Dubowski, Tomasz
    In the discussion on the EU migration policy, it is impossible to evade the issue of the relation between this policy and the EU foreign policy, including EU common foreign and security policy. The subject of this study are selected links between migration issues and the CFSP of the European Union. The presented considerations aim to determine at what levels and in what ways the EU’s migration policy is taken into account in the space of the CFSP as a diplomatic and political (and subject to specific rules and procedures) substrate of the EU’s external action.
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    Migrations and the environment – selected legal aspects
    (Wydawnictwo KUL, 2021) Górski, Marek
    The article analyses the environmental aspects of migration in the context of their environmental causes and effects, focusing, however, on the effects. It was recognized that negative changes in the environment are becoming a more and more frequent cause of migration and may lead to a very wide range of migration, which would be very difficult to control. This will, among other things, have environmental effects in countries targeted by migrants. These effects are considered, using the example of Poland and the need to provide migrants with appropriate living conditions, based on legal regulations relating to the provision of drinking water, sewage disposal and municipal waste management. Such situations should be considered by the state by preparing appropriate action strategies, determining the sources of their financing, and introducing the necessary legislative changes.
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    The nature of the action undertaken by the UN Special Rapporteur on migrant rights. Selected issues and problems
    (Wydawnictwo KUL, 2021) Wrońska, Iwona
    Summary: Despite the contribution they make to the life of host countries, migrants are often subjected to inappropriate or often cruel treatment because they are third-country nationals or are in an uncertain situation. The growing interest of the international community in the subject matter of human rights means that particular attention is now being devoted to migrant rights. The activity of the UN Special Rapporteur on migrant rights, who operates within the framework of the so-called Special Procedures established by the Human Rights Council, plays a special role among the mechanisms of protection of migrant rights in international relations.
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    A new type of EU visa? The legal nature of a travel permit issued under the European Travel Information and Authorization System (ETIAS)
    (Wydawnictwo KUL, 2021) Cesarz, Maciej
    The key purpose of ETIAS is the monitoring and selection of persons entering the EU and authorization of entry to its territory. The authors of this new large-scale database project underline clearly that the ETIAS permit is not a visa but should be more accurately referred to as a visa-waiver. However, as an electronic system dedicated to entry authorization linked to the traveler’s passport, ETIAS manages the movement across EU external borders of the citizens from 62 third countries, i.e., a population of about 1,4 billion people eligible for visa-free travel. The main aim of the article is to compare Schengen visas and travel authorization that will be issued under ETIAS regulation starting in 2022. The comparative analysis includes several arguments in favour of the thesis that travel decisions issued under the new ETIAS regime fit into the broad legal definition of visas, understood as authorization to enter the territory of the European Union.
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    The paradigm of the migration crisis and its influence on national legislation on irregular migration
    (Wydawnictwo KUL, 2021) Markiewicz-Stanny, Joanna
    The aim of this article is to provide a detailed study of the ways in which the paradigm of crisis has influenced the law and practice of European countries in the field of irregular migration. Bearing in mind that the perception of “crisis” is ambiguous and does not have legal definition, the first part of this paper will provide a clarification of its scope and some contexts in which it is used. Secondly, labelling some situations as “crises” requires some urgent and unusual actions. Hence, it is important to indicate what types of legal measures and normative solutions, therefore, prevail nowadays in the practice of states. The countries that are particularly interesting in this context include Germany, Sweden, and Denmark, whose migration policies have, over the course of the past few years, decisively shifted from a relatively open approach towards more restrictive solutions. Although the crisis in the migration context is defined bipolarly, a characteristic feature of the paradigm shift is focusing on the elimination or at least limitation of the presence of foreigners on the territory of the state through border controls, obstruction of access to international protection and family reunification, as well as increasing the effectiveness of forced returns. The result of these consideration has led to the conclusion that on the one hand the authorities’ rhetoric of crisis not automatically mean the use of special and emergency measures foreseen by law. On the other hand, the narrative referring to defeat and catastrophe justified the introduction of controversial solutions in a hurry, often with disregard for the detailed analyses and regulatory impact assessment, which are common in such cases. At the same time, the determinant of the shape of the migration law is the “temporariness” inherent in the crisis paradigm. One of its most important elements is the departure from long-term residence permits, guaranteeing a certain stability in connection with international protection, in favour of short-term permits.
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    The possibilities of temporary reintroduction of border control at the internal borders of the Schengen Area in the light of current challenges
    (Wydawnictwo KUL, 2021) Doliwa-Klepacka, Anna
    The creation of the Schengen Area was one of the greatest, most socially appreciated achievements of cooperation between 22 Member States of the European Union and Iceland, Liechtenstein, Norway and Switzerland. The rules on crossing the borders of European Union Member States are common policies subject to specific regimes, but membership of the Schengen Area has numerous consequences in terms of, among other things, border controls, as defined in the Schengen Borders Code. One of the most important of these is the abolition of controls at the internal borders of the countries which make up the Area. The adoption of common rules has not, however, deprived the countries which make up the Schengen Area of certain prerogatives to restore border control at internal borders in exceptional cases. This justification is a serious threat to public order or internal security. France made the first use of this possibility on 21 October 2006, by reintroducing control at the land border with Spain for a few hours because of the Youth Days of radical young Basques in Saint-Pée-sur-Nivelle and the demonstration organised in Bayonne by the support committee of Philippe Bidart. Since then, the countries have made repeated use of the instrument available and the year 2020, which runs in the shadow of COVID-19, brings new challenges in this regard. The submitted article will analyse the possibility of the temporary reintroduction of border control at the internal borders of the Schengen Area in the context of the current challenges of the modern world.
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    The role of the CJEU in the strengthening of the participation of third-country nationals in academic life in the EU. Analysis of the ruling of the CJEU in case M.A. versus Consul of the Republic of Poland in N
    (Wydawnictwo KUL, 2021) Kosińska, Anna Magdalena
    The analyzed ruling is the first judgement which the Court of Justice passed in order to provide interpretation for the new Student Directive (2016/801 of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing). Due to its judiciary activism, the Court was able to find a connection between the case pending before a national court and EU law in the case of M.A. In the end, the Court finally decided that in the case at issue, regarding the rights of a foreign national to apply for a residence permit for the purpose of enrolling in second-cycle studies programme in Poland, the procedure of applying for a long-stay visa on the grounds of national law must be safeguarded by the guarantees under Article 47 of the Charter of Fundamental Rights. The guarantees apply to the actual states in which EU law is applicable – in this case the “Student Directive.” It seems that the ruling in the case of M.A. will play a crucial role in facilitating students’ – TCNs’ – entry into the territory of the Republic of Poland, while the Polish legislator, in all probability, will be obliged to change the provisions of the national law in such a way as to make it possible for future students to access a full array of legal remedies against the negative decisions of consuls.
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    Transnational constitutional values and protection of the person in the age of climatic migrations
    (Wydawnictwo KUL, 2021) Policastro, Pasquale
    The study of climatic migration from a legal perspective ought to take into account both the difficulty and the importance of combining different methods and approaches to the essential needs of the migrants. For this reason, to properly make use of legal institutions, especially in the ambit of international law and its implementation, it would seem to be particularly relevant to understand their intrinsic aims and conditions of application. The analysis of the arguments used by the courts, in particular in relation to the Geneva Convention of 1951, shows difficulties in adapting to issues related to climate change, which took shape in different legal circumstances. Therefore, the paper attempts to verify how, and according to which criteria, different legal instruments may be connected within a pluralistic approach to climate migration, which might respond to current needs.
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    The use of force by the Frontex agency: International legal aspects
    (Wydawnictwo KUL, 2021) Gruszczak, Artur
    Summary: This article tackles the issue of legal regulation of the use of force by the European Union based on the example of the European Border and Coast Guard Agency (Frontex), operating in the EU’s area of freedom, security, and justice. Due to the risks and threats related to border protection and migration management, Frontex has been endowed with extensive powers to use force in its operations. Using the concept of institutional isomorphism, the author argues that Frontex’s activities in the face of specific and extremely difficult challenges at the external borders of the EU have become a component of operations undertaken by the border services of the Member States, leading to an isomorphic “merging” of the activities of EU agencies and national border services, including the legal dimension of the use of force.