Review of European and Comparative Law, 2019, Vol. 37, No 2

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https://hdl.handle.net/20.500.12153/862

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    Communitarian And Intergovernmental Dimension Of EU Visa Law
    (Wydawnictwo KUL, 2019) Cesarz, Maciej
    This article explores the development of EU visa policy with special emphasis put on legal and institutional dimensions. Basing on a formal analysis of primary and secondary law of the European Union and literature on the subject, it claims that intergovernmental roots of common visa policy strongly affect the current structure of EU regulations on visas. The research is focused on the formal development in this area of integration with particular attention paid to the intergovernmental dimension which is still present in the framework of the Schengen visa regime. Visa facilitation agreements as part of EU visa law as well as political determinants of common visa policy are also examined. The article concludes that visa issuing still remains a complex matter, characterized by dispersion of visa acquis due to separate provisions that still remain in force and which presents a mix of hard and soft law. Since the Member States have retained the right to issue national, long-term visas and the national practice of issuing uniform visas remains varied, European integration in the area of visas is still incomplete.
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    Coping With Neo-Nomadic Mobility: Frontex’s Agent Power In The EU’s Extended Borderland
    (Wydawnictwo KUL, 2019) Gruszczak, Artur
    Migration movements to Europe, triggered by dramatic political and social developments in North Africa and the Middle East, have contributed to a decrease in the level of security in the European Union and to the crisis of this organization. This article addresses the issue of migration in the context of the phenomenon of neo-nomadism and its effects on the policies of the member states of the European Union, as well as its institutions and agencies. The consequences of neo-nomadism are analyzed in regard to ​​the EU’s "extended borderland" on the example of the activities of the European Border and Coast Guard Agency (Frontex) in the Central Mediterranean. Frontex’s joint operations "Triton" and "Themis" serve as a useful frame of reference in examining this agency’s "agent power" expressed in activities concerning migratory movements in the EU's "extended borderland". The hypothesis developed in this article holds that the dynamics of mobility resulting from the specific features of neo-nomadism activates the "agent power" of entities involved in mobility and border management in two forms: inclusionary, for humanitarian reasons, and exclusionary, for the sake of security. As an agency responsible for supporting the management of the EU's external borders and implementing return policy, Frontex has concentrated its agent power on securing territory, borders and population at the expense of humanitarian search-and-rescue operations. Joint operations "Triton" and "Themis" have clearly highlighted the trend towards an exclusionary approach to migrants. Post-functionalism referring to the original conceptualisation put forward by Hooghe and Marx is the theoretical frame adopted in the present study. The research method is qualitative, based on desk research including the analysis and interpretation of primary and secondary sources.
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    Extreme Material Poverty As A Negative Prerequisite For The Transfer Of An Applicant For International Protection To The Competent Member State And For The Rejection Of An Application For The Grant Of Refugee Status As Being Inadmissible
    (Wydawnictwo KUL, 2019) Wróbel, Izabela
    The essential measures for a common European asylum system adopted by the EU institutions include the Regulation (EU) No 604/2013 and the Directive 2013/32/EU. These acts relate to the various stages of the functioning of the common European asylum system, however, there may be a risk of a violation of the fundamental rights of applicants as set out in the Charter of Fundamental Rights of the EU, including the prohibition of inhuman or degrading treatment (Article 4 of the Charter), at both stages. Such a risk may arise as a result of deficiencies in asylum systems of the Member States. If these deficiencies are to fall within the scope of Article 4 of the Charter, they must attain a particularly high level of severity, which depends on all the circumstances of the case. An example of attaining this particularly high level of severity is the situation of extreme material poverty. As acts of the EU asylum law do not contain the terms “particularly high level of severity” and “extreme material poverty” and all the more they do not define them, guidelines on how to interpret and apply Article 4 of the Charter in the context of the common European asylum system should be sought in the case law of the Court of Justice of the EU. Therefore, the aim of the article is to explore and attempt to generalise and develop the basis and the criteria indicated by the CJEU for assessing the actual nature of deficiencies in the asylum system of the Member State in question from the point of view of the prohibition laid down in Article 4 of the Charter, with particular emphasis on the criterion of a particularly high level of severity and the situation of extreme material poverty which meets this criterion.
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    Is Restorative Justice An Appropriate Legal Remediation For Sexual Violence?
    (Wydawnictwo KUL, 2019) Kazić, Ena; Ćorović, Rialda
    This paper questions applicability of restorative justice in cases of sexual violence. Specific nature and serious consequences of sexual violence are the reason why this question has appeared. In order to find out the answer, the authors have presented the characteristics, mechanisms and nature of restorative justice, concurrently offering the comparison of arguments in favor of and against the applicability of restorative justice in this particularly sensitive type of criminal offences. Together with the review of diverse theoretical approaches to this matter, the authors have tested the applicability of restorative justice in cases of sexual violence in Bosnia and Herzegovina. In this paper normative, comparative and historical scientific methods have been used.
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    Regulation (EU) 2017/2226 Of The European Parliament And Of The Council Of 30 November 2017 Establishing An Entry/Exit System (EES) Versus Data Protection – Is It Done In The Right Way?
    (Wydawnictwo KUL, 2019) Wojnowska-Radzińska, Julia
    The purpose of this paper is to explore whether the processing of personal data under Regulation 2017/226 is compatible with the principle of proportionality in the light of Charter of Fundamental Rights of the EU and the case-law of the Court of Justice of the European Union (CJEU). The Regulation 2017/2226 provides the EES system which is the only system that collects the entry/exit data of all third-country nationals entering the Schengen area for a short stay, whether via a land, sea or air border. The EES replaces the current system of manual stamping of passports.
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    The Role Of CJEU In Ensuring Migrants’ Security – Analysis Of The Post-Crisis Case Law
    (Wydawnictwo KUL, 2019) Kosińska, Anna Magdalena
    The current article presents the findings of research on the case-law of the CJEU in the area of asylum and return migration law concerning protection of migrants’ rights. The analyzed case-law concerns proceedings from the period after the escalation of the European migration crisis in April 2015. The presented study seeks to answer the question about the existence of a juridical standard for the protection of the right to migration security. The analysis also includes the examination of the relation between the necessity of providing security in migration processes and the obligation to ensure the protection of migrants’ fundamental rights.