<abstract>
<title style='display:none'>Summary</title>
In this article, I seek to examine how the legal and political changes introduced by the European Union’s New Pact on Migration and Asylum enhance the legal protection of refugees and asylum seekers fleeing to the EU territory across the central Mediterranean migration route. Empirically drawing on the discourse of the European Commission representatives and the discourse around the new Pact on Migration and Asylum, I will engage in analyzing the EU’s human-focused narrative about migration management that the Pact promotes. The emphasis is put on how the dominant legal categories, in particular the category of <italic>refugee</italic>, are (re)constructed and the purposes such re-articulation has for the rights of the people on the move. Situating the study into critical legal theoretical framework, my aim is to demonstrate that although the EU’s new narrative acknowledges migrants’ vulnerable position, persons in need of international protection are simultaneously put into the discursive frame of irregularity – the same discourse the EU is vehemently fighting against. Hence, due to the conceptual ambivalence of the legal identities, under the new Pact, the persons legally entitled to protection will find it more difficult to claim their right to safe asylum in the EU.
</abstract>

European Union’s New Pact on Migration and Asylum: Enhancing the Legal Protection of Refugees and Asylum Seekers or Restoring the Old Paradigm?

<abstract>
<title style='display:none'>Abstract</title>
Summary
The COVID-19 pandemic experience has driven us to rely on technology so much on the development and expansion of technology, including cashless transactions. Criminal groups may become more interested in electronic payments and virtual currencies because of increased traffic in these areas. When comparing the second half of the 2019 to the first half of the 2020, the number of fraudulent card transactions increased by 11.4%. New developments in virtual currency trading regulations, including the digital finance package, which includes, among other things, a draught regulation from the European Parliament and an amended act to combat money laundering and terrorist financing, among others. For the reasons stated above, these regulations may lead to a virtual currency market collapse and the withdrawal of investors and the siphoning of money into Asian markets as a result. The current regulations are a manifestation of total regulation and do not encourage technological advancement.
</abstract>

The Globalization of Cashless Transactions Using Blockchain Technology to Preventing Money Laundering and The Changing Trends in The Cryptocurrency Market: A Learning Experience of Polish and EU Laws

<abstract>
<title style='display:none'>Abstract</title>
Summary
This paper deals with the Singapore Convention on Mediation from United Nations General Assembly in December 2018 and signed in Singapore on 7 August 2019. Also with the European Union situation, given by the existence of the Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. EU States haven’t signed the Singapore Convention on Mediation. This paper is trying to analyse the two instruments, the Directive as a harmonisation instrument, maybe opening the field of the possible usage of the convention and not existing Regulation unifying the legal ground in the EU. The Singapore Convention on Mediation enters into force six months after deposit of the third instrument of ratification, acceptance, approval, or accession. EU is now in the position, where a decision about new Directive, or maybe the acceptance of the convention must be decided with accordance to all the dilemmas of the Singapore Convention.
</abstract>

The relations between the Singapore Mediation Convention and the European Mediation Directive

<abstract>
<title style='display:none'>Abstract</title>
Summary
This paper aims at showing how the concepts of national sovereignty and national identity are challenged by the digital revolution. In the age of modernism, both concepts were defined as a condition for society’s loyalty to the political framework, but this long-established format changed with the new technologic developments. The digital revolution requires a postmodern – heterogeneous and fluid – idea of identity, as well as a post-modern idea of sovereignty, which is non-territorial, neither hierarchical. Therefore, the postmodern idea of sovereignty and the concept of identity are significant for the development of the concepts of digital sovereignty and European digital identity.
</abstract>

Digital Sovereignty and Identity in the European Union: A Challenge for Building Europe

<abstract>
<title style='display:none'>Summary</title>
Even though the discussion on migration has in the last years been overshadowed by its illegal form and concentrated in particular on potential tools to mitigate it, legal migration rightfully remains a crucial consideration for a comprehensive migration policy. Given the significance of services in today’s economy, it might be surprising that the focus has been on migration of workers, rather than self-employed persons. In this article, we shall review the current legislation on this matter and explore its potential further developments.
</abstract>

Establishment and Provision of Services of Third Country Nationals in the EU

<abstract>
<title style='display:none'>Summary</title>
The number of European companies founded in the Czech Republic can be described as the Czech puzzle, according to the paper “The Czech Societas Europaea Puzzle” by Horst Eidenmüller and Jan Lasák. They are concerned with the question why two thirds of all European companies from all countries of the European Economic Area (EEA) are established in the Czech Republic. At the same time, there is a presumption that this phenomenon of ready-made European companies will pass away. Though, the aim of this paper was to analyse the development of newly registered European companies in the Czech Republic after 2014 and compare it with the period until the end of 2013. The authors conclude that the growth rate of European companies registered in the Czech Republic is approximately the same. By contrast, annual growth rates are rising in Germany and Slovakia which also have had a considerable number of SEs.
</abstract>

Is the Number of Established Societas Europaea in the Czech Republic Still Puzzling?

<abstract>
<title style='display:none'>Summary</title>
New technologies currently affect all human activities and are becoming a part of our everyday lives. The use of digitalisation, algorithmic management, and the withdrawal of human decision-making in various phases of working life entails many risks not only in the field of work and human resource management. Even though the rules of algorithmic management do not come only within the scope of employment law, and at the same time employment law fails to explicitly provide for proper protection of employees against damage suffered as a result of automated decision-making, this issue is partially covered within the scope of personal data protection. At the centre of our attention is the issue of the sufficiency of these rules in the field of personal data protection concerning employment law relations, including certain de lege ferenda suggestions.
</abstract>

Some Comments on the Unsuitability of the General Data Protection Regulation in the Field of Employment Relations in the Context of Automated Decision-Making

<abstract>
<title style='display:none'>Summary</title>
The EU Treaties provide several possibilities to sanction EU Member States for failing to comply with EU law. The EU has a legal basis for so-called EU sanctions in Article 215 of the Treaty on the Functioning of the EU, aimed at third countries (i.e. countries outside the EU) and their legal entities (e.g., in Belarus, Russia). Over recent years, sanctions against third countries have become increasingly frequent. This article delves into the legal framework for adopting EU sanctions, the potential legal protection available to sanctioned individuals, and the relevant case law of the Court of Justice of the EU. In this context, the question of whether Abramovich or some other Russian citizens on the sanctions list can access funds from EU bank accounts or enter the EU will be addressed.
</abstract>

EU Sanctions Against Third Countries Legal Basis for EU Sanctions against Russia and its Citizens

<abstract>
<title style='display:none'>Summary</title>
The CJEU’s final ruling in the OPAL case underscores the evolution of the solidarity principle from a political guideline to an autonomous legal tenet, significantly impacting Member States’ energy decisions. This paper critically examines the legal implications and challenges arising from the reinterpretation of the energy solidarity principle in the OPAL case, which concluded in the summer of 2021. Focused on Article 194 TFEU, the research delves into the question of balance between EU and Member States’ authority in energy policymaking, especially amidst divergent views on external energy relations with Russia. Against the backdrop of geopolitical shifts and responses to the 2022 Russian invasion of Ukraine, this study sheds light on the legal repercussions for the Member States’ energy decisions in the aftermath of the OPAL case, exploring nuanced challenges in fostering a cohesive energy policy within the EU.
</abstract>

Reassessing EU Energy Solidarity: Legal Implications and Challenges in the Aftermath of the CJEU’s Final Decision in the OPAL Case C-848/19 P

<abstract>
<title style='display:none'>Summary</title>
This article investigates, whether the adoption of ethical codes in the Czech Republic and in Ukraine mainly aim at implementation of EU ethical framework for public administration or should be viewed as a part of national anti-corruption policy. To that end, the article will analyse, whether the ethical codes for public administration in the Czech Republic and Ukraine reflect core principles of EU ethical framework for public administration, or rather contain specific provisions aimed at eliminating corruption. The practical effects of relevant provisions, their enforcement and contribution to elimination of corruption will also be analysed. Besides analysis and comparison of the situation in the Czech Republic and Ukraine, the article aims to identify common experiences and patterns to provide generalization useful for understanding the effect of ethical codes on elimination of corruption and national implementation of European core ethical principles for public administration in wider context of Central and Eastern European post-communist countries, which are still suffering from quite significant rates of corruption and examples of maladministration.
</abstract>

Ethical codes for public administration – reflection of EU core values or part of national anti-corruption policy? Example of the Czech Republic and Ukraine

<abstract>
<title style='display:none'>Summary</title>
The judgment of the Constitutional Tribunal of 7th October 2021 (K 3/21) represents the attitude of Polish authorities to the principle of priority of EU law. The constitutional court has developed the conception that this organ is entitled to check the conformity of EU law to Polish constitution and to adjudicate that a treaty is in contrary to the constitution. Indicated verdict is an example of these ideas. It seems that such a judgment would cause a set of very serious legal effects, for example changing the constitution or terminating an invalid international agreement. It means that the verdict generated very serious legal consequences or threats. Fortunately, the verdict has not been realized, and its consequences remain undone. It is the effect of contemporary position of Polish Tribunal and their explanation of the judgment. Mainstream lawyers scholars and academics treat this as a political statement of judges of the Tribunal.
</abstract>

The judgment of the Constitutional Tribunal of 7th October 2021, K 3/21. The case study on declaring the unconstitutionality of UE Treaties

<abstract>
<title style='display:none'>Summary</title>
This paper examines the origins and limitations of EU medical device law. The main questions asked are whether EU medical device law defines the concept of medical purpose for software, whether the concept of medical purpose is understood as a medical service defined by national law, and whether it requires the involvement of medical professionals as users. Particular attention is paid to the aspect of Recital 8 of the Regulation (EU) 2017/745 on medical devices (MDR), alongside the general internal provisions of EU law and its sector-specific subsidiarity provisions. In practice, Member States have taken different legal approaches to address DTx-related challenges, creating legal uncertainty within the EU as to which DTx should be defined as a medical device.
</abstract>

Legal Framework for digital therapeutics (DTx) in the European Union

<abstract>
<title style='display:none'>Summary</title>
At the end of 2020, the European Commission published a new European data strategy, which aims to create a new legal framework to promote the development of a single European data market. In the scope of the new strategy the European Commission has already proposed the Data Governance Act proposal (hereinafter – the “DGA”), which aims to strengthen the mechanism to facilitate data exchange. The proposal of the new legislative act has raised the question about the right balance between it and the existing EU legislative acts, which were adopted in the key of personal data protection, especially with the General Data Protection Regulation (hereinafter – the “GDPR”). We argue that there are a number of inconsistencies between the DGA proposal and the GDPR that may prevent the full implementation of mechanisms that allow achieving the EU’s intended goals in this field within the framework of the new European strategy. The interaction of the DGA with the GDPR is characterized by conflict of laws and legal uncertainty, which can jeopardize the achievement of the objectives of the DGA itself and can reduce the level of personal data protection in the EU, compared to the GDPR. Besides, the examination of the relevant case-law of the Court of Justice of the European Union (hereinafter – the “CJEU” or the “Court”) regarding the implementation of the GDPR identifies approaches that prevent the opening of data exchange as the DGA proposal requires.
</abstract>

The GDPR and the DGA Proposal: are They in Controversial Relationship?

<abstract>
<title style='display:none'>Summary</title>
This article proposes a model which addresses the issue of hybrid threats in four stages including 1) the analysis and identification of hybrid threats, 2) the designation and selection of tools, 3) building-up resilience and capacities and 4) assessment and evaluation. The article might be considered as an initial contribution to the debate about the build-up of the security architecture at the state level and may provide some inspiration for policy-makers and academia engaged in international security issues. The emphasis is put on “soft” domains of security, especially in relation to the cognitive-emotional element of the hybrid environment which is in the times of Covid-19 and the new Russian hybrid type of warfare becoming increasing significant.
</abstract>

Preventing Hybrid Threats: From Identification to an Effective Response

<abstract>
<title style='display:none'>Summary</title>
This paper deals with the question, whether, how and to what extent the Charter of Fundamental Rights of the EU could enter the scene of constitutional review before the Czech Constitutional Court. In connection to Czech Republic, this question must react on the special constitutional category – Czech constitutional order, which includes also international agreements on human rights which are binding for the Czech Republic. The paper analyses the question, whether EU Charter can be understood as such international commitment or not and what are the options of its application by the Czech Constitutional Court and also how we can define its relation to the constitutional order. Paper distinguishes 3 scenarios: 1) inclusion of the EU Charter into the constitutional order of the Czech Republic; 2) refusal of formal inclusion of the EU Charter into the constitutional order of the Czech Republic; and 3) understanding of the EU Charter as association of constitutional order, capable to be used within the constitutional order even without the formal inclusion into the set of Czech constitutional rules.
</abstract>

Penetration of the Charter of Fundamental Rights of the European Union into the Constitutional Order of the Czech Republic – Basic Scenarios

<abstract>
<title style='display:none'>Summary</title>
Geo-blocking is the new phenomenon of the current digital era, which affects our everyday lives. Geo-blocking is a modern form of discrimination which is considered a geographically based restriction for consumers that may be a ban for free movements and therefore affect the single market of the European Union, too. The European Commission adopted the Digital Single Market (DSM) Strategy in 2015 by which a new path forward to innovation was taken down. The new EU Commission led by <italic>Ursula von der Leyen</italic> aims not only the continuation of the development of the DSM to improve our digital welfare, but introduced the concept of the <italic>promotion of European way of life</italic> which is strongly interlinked with the digital aspects, too. As the human perspectives of our lifestyles came up to a higher level of policymaking, digital readiness, skills, and geo-discrimination might also be part of current debates. The research intends to present the geo-blocking as a new issue for the society, politics and economy, then broadly summarizes its definitions and the latest solutions for the treatment of unjustified restrictions in the EU.
</abstract>

A General Summary on Geo-Blocking in the EU

<abstract>
<title style='display:none'>Summary</title>
The article is devoted to the analysis of the legal nature of principles and values of the European Union, their ethimology and genesis, as well as their place and role in the legal order of the EU. One can argue that in the contemporary legal order of the European Union principles and norms that are enshrined in the founding documents of the European Union, stipulate the founding basics of the legal system of the EU. Besides, they execute the regulatory function in the relations between an individual and society. It is pointed out in the work, that principles and values appeared in the European Union law not at the same time. If principles were fixed in the first founding treaties when they were concluded, then the provisions on values were included in the founding treaties only recently that is in the latest Lisbon edition of 2007. It is underlined that the infringement by an EU Member State of values may result into imposing of sanctions against the infringer. However, EU principles and values acquire the particular importance in the course of the conclusion of international agreements with the third countries. With this regard the provisions of the Association agreement between Ukraine and the European Union and its Member States. Special attention is paid in the article to the investigation of the legal mechanism of the implementation of the EU-Ukraine Association agreement in the legal order of Ukraine as well ae the effect of principles and values on the process of legal reforms in Ukraine.
</abstract>

Principles and Values of the European Union as a Legal Basis for European Integration

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The Review of European Law, Economics and Politics

European Studies – The Review of European Law, Economics and Politics is a peer-reviewed periodical, originally established as a year-book of the Czech Association for European Studies...

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European Studies – The Review of European Law, Economics and Politics is a peer-reviewed periodical, originally established as a year-book of the...

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The Review of European Law, Economics and Politics

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