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EN
Mixed agreements, together with those concluded within the exclusive competence of the EU belong to major instruments of the EU external relations. Mixed agreements are typical for the EU treaty practice. Therefore, it is hardly possible to find them in another division of law. Respecting that, the article focuses on mixed agreements as a phenomenon of the EU Law. The aim of the article is to analyse EU Law regulation of mixed agreements. At the same time, the article focuses on theoretical aspects of mixed agreements in the second part. Based on that, in the first part the article provides analysis of the primary law rules and jurisprudence of the Court of Justice of the EU. Aim of this part is to examine quality of regulation of mixed agreements in the EU Law and point out on its “weak parts”. The second part is rather theoretical. Here the article provides analysis of notion “mixed agreement” and, in particular on essential elements of this notion. To these essential elements of mixed agreements, the article includes “joint conclusion of mixed agreements”, “divided competence” and “common consent”. The analysis of the notion is followed by a classification of mixed agreements. This classification could be divided into two parts. First, provides information on existing views of theory, while the second one is focused on new criteria for division of mixed agreements.
EN
The purpose of this paper is to analyse the essence of the European Union's development policy in the interdisciplinary perspective. To this end, it examines the legal and factual circumstances and determinants of this policy. It scrutinizes the principles and functioning of the EU development policy as well as its challenges and obstacles. In the context of changes taking place at the dawn of the new century, the paper addresses the following questions: what is the extent of the EU development policy institutionalisation; what is the attitude of political elites in Europe to the idea of international aid. The article aims to verify the assumption that the 1990s and early 21st century marked a significant revaluation of the European Union's development policy. On the one hand, development policy is becoming more crucial and comprehensive in character for the EU and its Member States. On the other hand, the current premises of EU development policy do not fully match the real needs of developing countries as it often lacks both sufficient coherence and effective co-ordination. EU development policy is divergent and multi-dimensional in nature. Hence an interdisciplinary approach seems to offer the most appropriate set of research tools. Full explanatory success can be achieved solely by reference to several theories/models. The complexity of the subject matter has made it necessary to employ a broad and wide-ranging research approach to attain an overall understanding of the problems reviewed.
EN
The cooperation between Supreme Audit Institutions and statistical offices of the EU Member States in the areas related to statistics developed for the EU excessive deficit procedure has been slowly becoming a reality. Due to the significance of this issue, and to the recommendations of the European Union, opportunities for collaboration should be found, in compliance with the binding regulations. However, the authors of the article expect that some Member States may attempt to adjust the binding regulations to the needs of this cooperation. Importantly enough, the two institutions possess different types of knowledge that they could mutually use.
Sociológia (Sociology)
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2015
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vol. 47
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issue 1
66 – 86
EN
This paper analyses the perception of the new EU member states from the old member states' point of view. It is based on 24 interviews with diplomats from permanent representations of the old member states to the EU in Brussels. The paper points out that the eastern enlargement of the EU is seen in a rather positive light, as are changes in the decision-making process of the European Council. The newcomers are especially active in areas of their national interest, although they have not learned all the “rules of the game” yet and sometimes pursue their preferences in contrast to what the old members perceive as a more appropriate approach.
EN
This study focuses on administrative capacity and domestic EU-coordination structures in new member states. It analyzes data from 65 semi-structured interviews with Brussels officials and confronts them with primary data and review of the existing research on EU member states. It is argued that the Central and Eastern European states in the EU are predominantly influenced by the length of their membership, their size and their human resources management in EU affairs. The length of the membership influences member states' knowledge about inner workings of the EU and their ability to build and sustain institutional relations and networks with and within EU institutions. Being mostly small countries, new member states (NMS) have used prioritization of issues and EU presidency as a contra-strategy, but have had only limited success in uploading their preferences to the EU level so far. In the personnel policy, several NMS revised their conditionality-influenced legislation on civil service after becoming EU members, which seems to have influence on a high level of turnover in EU bureaucratic positions, and is directly connected to NMS' ability to establish and defend their national positions in the EU affairs.
EN
Connection of the law of the Slovak Republic to the law of the European Union is related to a large number of new conceptual issues of legislative and procedural character, that are often connected with their significant law enforcement connotations. In case of a directive it is necessary to bear in mind its specific character taking into account the principle of subsidiarity, its diplomatic character taking into account interests of the Member States and their laws and resulting vagueness to the detriment of the exactness. Last but not least, it is necessary to call attention to the accelerated mechanism of adoption of annexes to a directive, to which it is possible to react in the conditions of the Slovak republic by the transposition through an approximation regulation of government.
EN
In mid-2007 a large-scale economic crisis has occurred, first in the United States, later in the European Union, ultimately affecting most countries worldwide. In the EU member states the crisis has manifested itself by a substantial fall in GDP, consumption, employment, export and import, as well as by a marked increase in unemployment, budget deficit, and public debt. An immediate result of the crisis in the EU member states was worsening of the economic and social situation. Among the EU member states the most adversely affected by the crisis have been Ireland, Spain, Portugal and the so-called Baltic countries, i.e. Lithuania, Latvia and Estonia. In order to reduce the impact of the crisis the member states have implemented economic stimulus packages. However, the results that these measures are to deliver will be only known in the coming years, since they depend on the economic situation worldwide, which is currently unstable and difficult to forecast.
EN
The population aging might threaten the economic development and efficiency of EU Member States. Based on the demographic projections, the EU’s old-age dependency ratio (as proxies of population aging) will be almost double – from 31% in 2019 to 57% in 2100. This study focuses on the efficiency analysis of European Union Member States in the context of population aging. Utilizing Data Envelopment Analysis (DEA) and the Malmquist Productivity Index, we evaluated how demographic changes affect the economic efficiency of various EU countries. Our findings reveal that some states, such as the Czech Republic, Germany, and Luxembourg, demonstrate high-efficiency levels when considering demographic factors. The results suggest that technological advancement and innovation are crucial in addressing the challenges associated with population aging.
EN
More than 10 years have passed since the 2004 accession round to the European Union. The tenth anniversary provides a good opportunity for stocktaking and assessing the agricultural developments of the New Member States (NMS) in light of the latest data available. The aim of this paper is to assess agricultural performances of NMS and to identify the winners and losers of accession in this regard. By ranking individual country performances using Parallel Factor Analysis (PARAFAC), our results suggest that Poland and the Baltic countries can be treated as the winners of EU accession in agriculture, while Romania and Bulgaria proved to have used their potentials to the least. The results also suggest that focusing on high value added agri-food products proved to be a good strategy to reach development in the agriculture sector, while those countries concentrating on the production of agri-food raw materials turned out to be lagged behind.
EN
The article is devoted to the development of the understanding of the concept of state sovereignty from the initial period of its inception to the present time. Author’s aim is to highlight the dynamics in the understanding of this concept, which proves the notion of its continuous hermeneutic adaptation to the new social conditions. The concept of sovereignty can not be understood as a static concept, which did not change its content and definition over the years. The internal dimension of sovereignty is weakened by the development of the democratization of society, searching for legitimate sources of power, promoting the concept of substantive constitutional state. The external dimension is then modified in the context of deepening international cooperation and integration, with the creation of international rules for dispute resolution and the creation of integration groupings. The author responds to the current call for the federalization of the European Union (Speech by President of the European Commission Mr Barroso’s On the State of the Union 2012 presented in the European Parliament 12 September 2012), which opens the debate over disappearing sovereignty of the Member States of the European Union again. He points to the need for the open understanding of the concept, which allows us to create harmony between ambition of the supranational entity and interests of its basic units - the Member States.
EN
Regulations issued in early third millennium were the first to define not only the term of indirect discrimination, but also the term of direct discrimination. Although these elementary terms are defined in both the EU secondary law and the application practice, problems with their interpretation still persist and are directly related to the fundamental human right - prohibition of discrimination. The correct definition of these basic terms is also required for the judicial practice of the EU Member States, because national courts of the Member States are competent to decide on actions in case of the violation of the prohibition of discrimination. In the recent years the abundant case law of the EU Court of Justice brought more light into definition of the term of direct and indirect discrimination. The judicial practice justly expected in particular the legal interpretation of the prohibition of discrimination in relation to indicia of discrimination on the basis of age, sexual orientation, disability, race, ethnicity, belief and religion. From the case law of the EU Court of Justice it results that correct legal identification of the existence of direct discrimination or indirect discrimination is not simple. It is even truer for the terms of harassment, sexual harassment and incitation to discrimination that are explicitly regarded by the regulations as the forms of discrimination. The correct definition of the terms of direct discrimination, indirect discrimination, harassment, sexual harassment and incitation to discrimination is currently even more important, because in the application practice the number of cases of violation of the prohibition of discrimination, not only on the ground of gender but also for other reasons, is increasing. Victims of different forms of discrimination in labour relations currently lack the courage to defend their rights in court. Also the courts in the Slovak Republic presently have not excessive legal information about these problems.
EN
The paper analyses the internationalization of the economies in ten new member states (NMS-10) of the European Union (EU) using panel data for the period 2000 – 2008 in a regression framework analysis. The degree of internationalization is measured by foreign direct investment (FDI) and trade openness. The focus is on the association between FDI and economic growth. We have confirmed moderate positive effect of inward FDI on growth of gross domestic product (GDP), but not for outward FDI and trade openness. Investment to GDP ratio and employment growth are positively associated with economic growth, and vice versa rate of inflation and government final consumption expenditure as a percentage of GDP.
13
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TRANSPOZÍCIA V NOVÝCH ČLENSKÝCH KRAJINÁCH EÚ

75%
EN
Annually, each member state has to pass a number of domestic legislation transposing EU directives into national legal system. The extent of timely and correct enforcement of EU laws influences the operation of the Single European Market. Despite this fact there are enormous differences between the member countries in the way how they fulfil their transposition obligations. Some governments are doing well, some are lagging behind. The study looks at the analyses of timely and correct transposition in six new member states: Czech Republic, Estonia, Hungary, Poland, Slovakia and Slovenia. The study looks at various factors derived from the theories of goodness of (mis)fit, political preferences, administrative capacity and world of compliance to explain the variation in transposition performance.
EN
In 2004, European Union underwent the largest single expansion, both in terms territory, number of states and population. After that, economic effects of accession for the new member states have been studied with different aspects in European Union integration literature. This paper focus on the labour market aspect and it is aimed to investigate the existence of catch-up process for eight EU new member states’ relative wages. The relative wages are measured by a ratio of new member states to old member with Germany as a representative country and the convergence analysis is applied to testify the process of wage disparities. The results show the existence of convergence and that the wages in new member states have been closer to high-wage level countries’ after joining EU.
EN
The article intends to contribute to the theoretical and practical debates concerning the scope of application of the Charter of Fundamental Rights of the European Union (hereafter „the Charter“) in relation to the recent judgments of the Court of Justice in the cases Åklagaren Fransson and Melloni. An analysis of these judgments is concentrated on the interpretation of the general provisions of the Charter, namely of Articles 51, 52 and 53. The key element of the application of the Charter within the Member States is a proper interprreation of Article 51 paragraph 1 which uses, regarding to the Member States, the term: only when they are implementing the EU law. The interpretation of that Article in the recent case law goes visibly beyond its mere wording since the Court of Justice wants to connect the application of the Charter with its previous case law on the general principles. The authors deal also with the levels of protection of fundamental rights in interaction between the Charter and national constitutions and the European Convention for the Protection of Human Rights and Fundamental Freedoms. The conclusions of the treatise should open the door for further research of the question of applicability of the Charter within the Member States.
EN
This paper examines goals, themes, instruments and outcomes of research and development policies in ten new Member Countries of the EU. Intensity of the public and business R&D expenditure approaches the EU averages in the Czech Republic, Slovenia, Hungary and Estonia. These countries may consider shifts in their R&D policies and increase importance of indirect forms of support (tax allowances, financial engineering tools), and also cluster policies and networking initiatives. Slovakia, Poland, Latvia, Lithuania, Bulgaria, Romania and Latvia, on the other hand, should primarily invest in improvements in the R&D infrastructure and increasing stocks and quality of researchers in public and private sectors.
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