Suchergebnisse

Die Vorbereitungen laufen bereits viele Jahre, nun liegt er endlich vor: der Entwurf der Europäischen Kommission für ein Gemeinsames Europäisches Kaufrecht als Optionales Instrument. Beteiligte an den Vorarbeiten und wichtige Kritiker derselben setzen sich in diesem höchst empfehlenswerten Buch mit dem Kommissionsentwurf auseinander. Wie wird die Harmonisierung des europäischen Vertragsrechts durch den Entwurf vorangetrieben? Wie "schlägt" sich der Entwurf im Vergleich zum BGB, zum DCFR oder zu den Acquis-Principles? Beleuchtet werden insbesondere Irrtumsanfechtung, AGB-Kontrolle, allgemeines und besonderes Leistungsstörungsrecht beim Kauf und bei verbundenen Dienstleistungen sowie übergreifende Fragestellungen zum Verbraucherrecht. Der Band wird abgerundet durch eine Synopse des Kommissionsentwurfs und der vorangegangenen Machbarkeitsstudie, in der die Entwicklung des Textes deutlich wird.

This paper is an attempt to analyse European leadership and the role played by a reunited Germany in the European Union. The author proposes five fundamental theses: 1) the reunification of Germany ruined the balance of power in Europe; 2) the Eastern enlargement of NATO and the EU has moved the zone of political and military influence of the USA to the line of the Bug river; 3) the Germans have confirmed their position as a European power; 4) the foreign policy of Angela Merkel is a continuation of Gerhard Schroder's policy, meaning a transfer of the focus from European policy to prioritising German national interests; 5) the German issue has remained open. ; This paper is an attempt to analyse European leadership and the role played by a reunited Germany in the European Union. The author proposes five fundamental theses: 1) the reunification of Germany ruined the balance of power in Europe; 2) the Eastern enlargement of NATO and the EU has moved the zone of political and military influence of the USA to the line of the Bug river; 3) the Germans have confirmed their position as a European power; 4) the foreign policy of Angela Merkel is a continuation of Gerhard Schroder's policy, meaning a transfer of the focus from European policy to prioritising German national interests; 5) the German issue has remained open.

In multiculturalism, "exit", or to be more precise, "right to exit" is very often thought of in terms of a condition of state's non-interference in the minority groups. However popular, this account seems to be flawed with a number of controversial assumptions, questionable theoretical and practical implications and can lead to significant paradoxes. First of all, treating "exit" as a state's non-interventionism condition also means that in fact representatives of minority groups should actually leave their communities in order to obtain all of the civil rights and liberties – be treated as "full", not "partial" citizens. Various other problems connected with this account (i.a. the issue of general function of "right to exit" and civil rights and liberties or mutual relations between these two categories) presented and discussed in the paper justify a proposal of change of approach towards concept of "exit". Either one should take really seriously the assumed normative character of it and construct a whole separate theory of "right to exit" from scratch, or maybe one should simply stop treating leaving one's oppressive culture in terms of "right" or "freedom" and understand it only in descriptive manner. ; In multiculturalism, "exit", or to be more precise, "right to exit" is very often thought of in terms of a condition of state's non-interference in the minority groups. However popular, this account seems to be flawed with a number of controversial assumptions, questionable theoretical and practical implications and can lead to significant paradoxes. First of all, treating "exit" as a state's non-interventionism condition also means that in fact representatives of minority groups should actually leave their communities in order to obtain all of the civil rights and liberties – be treated as "full", not "partial" citizens. Various other problems connected with this account (i.a. the issue of general function of "right to exit" and civil rights and liberties or mutual relations between these two categories) presented and discussed in the paper justify a proposal of change of approach towards concept of "exit". Either one should take really seriously the assumed normative character of it and construct a whole separate theory of "right to exit" from scratch, or maybe one should simply stop treating leaving one's oppressive culture in terms of "right" or "freedom" and understand it only in descriptive manner.

In multiculturalism, "exit", or to be more precise, "right to exit" is very often thought of in terms of a condition of state's non-interference in the minority groups. However popular, this account seems to be flawed with a number of controversial assumptions, questionable theoretical and practical implications and can lead to significant paradoxes. First of all, treating "exit" as a state's non-interventionism condition also means that in fact representatives of minority groups should actually leave their communities in order to obtain all of the civil rights and liberties – be treated as "full", not "partial" citizens. Various other problems connected with this account (i.a. the issue of general function of "right to exit" and civil rights and liberties or mutual relations between these two categories) presented and discussed in the paper justify a proposal of change of approach towards concept of "exit". Either one should take really seriously the assumed normative character of it and construct a whole separate theory of "right to exit" from scratch, or maybe one should simply stop treating leaving one's oppressive culture in terms of "right" or "freedom" and understand it only in descriptive manner. ; 3 ; 1 ; 103 ; 124 ; 6 ; Filozofia Publiczna i Edukacja Demokratyczna

The article concerns the idea as well as the form of international cooperation between states and international organizations, illustrated by the example of the relationship between the European Union and the Pacific region. There is some useful literature on the subject but this needs be to completed. The influences of the world's leaders collide on the Pacific Ocean, which gives this area primacy in geopolitical domination, slowly downgrading the Atlantic Community. The main purpose of the paper is, therefore, to research the possibilities and methods of legal and extrajudicial cooperation betweentwo continents which are very distant from each other. This work underlines the difference between official policy, presented by the regional intergovernmental organizations, and the individual policies of member states, who are not tied down by Brussels politics and may maintain their own foreign relations. ; The article concerns the idea as well as the form of international cooperation between states and international organizations, illustrated by the example of the relationship between the European Union and the Pacific region. There is some useful literature on the subject but this needs be to completed. The influences of the world's leaders collide on the Pacific Ocean, which gives this area primacy in geopolitical domination, slowly downgrading the Atlantic Community. The main purpose of the paper is, therefore, to research the possibilities and methods of legal and extrajudicial cooperation between two continents which are very distant from each other. This work underlines the difference between official policy, presented by the regional intergovernmental organizations, and the individual policies of member states, who are not tied down by Brussels politics and may maintain their own foreign relations.

The current financial crisis has significantly highlighted the issue of leadership in the European Union. The topic is both timely and worthy of analysis. The author tries to outline the theoretical approach to political leadership with regard to the current political scene in the European Union. A politician has to meet four criteria to be deemed a leader: his decisions are strategic, they exert permanent influence, he has a sufficient political background, and he has the highest position in a given political composition. The author makes the following hypothesis: on the basis of factor analysis (as regards the four factors above) only two current politicians are the true leaders of the EU, namely the Chancellor of Germany, Angela Merkel, and the President of France, Francois Hollande. Both politicians meet the four attributes presented gabove to at least the minimum degree, thus becoming (international) EU leaders. The paper also discusses the issue of distinguishing between an (international) statesman and (international) leader. ; The current financial crisis has significantly highlighted the issue of leadership in the European Union. The topic is both timely and worthy of analysis. The author tries to outline the theoretical approach to political leadership with regard to the current political scene in the European Union. A politician has to meet four criteria to be deemed a leader: his decisions are strategic, they exert permanent influence, he has a sufficient political background, and he has the highest position in a given political composition. The author makes the following hypothesis: on the basis of factor analysis (as regards the four factors above) only two current politicians are the true leaders of the EU, namely the Chancellor of Germany, Angela Merkel, and the President of France, Francois Hollande. Both politicians meet the four attributes presented gabove to at least the minimum degree, thus becoming (international) EU leaders. The paper also discusses the issue of distinguishing between an (international) statesman and (international) leader.

The purpose of this text is to present the results of a research in which the author analysed succeeding crisis situations that could constitute the basis for some of the changes in the political system of the EC/EU and subsequently made an attempt to delineate a certain scheme behind such behaviours. It is justified to seek the answer to the following question: What is the underlying reason for introducing changes in such situations and is it possible to pinpoint certain shared elements in different cases?To achieve that goal the author takes a closer look on the "empty chair" crisis, Schengen Area crisis and the recent financial crisis in Europe. In order to confirm the actual value of the conducted research, the author will make an attempt to relate his observations to the current geopolitical situation in Eastern Europe with reference to the EU competences in the existing political system.

The purpose of this text is to present the results of a research in which the author analysed succeeding crisis situations that could constitute the basis for some of the changes in the political system of the EC/EU and subsequently made an attempt to delineate a certain scheme behind such behaviours. It is justified to seek the answer to the following question: What is the underlying reason for introducing changes in such situations and is it possible to pinpoint certain shared elements in different cases?To achieve that goal the author takes a closer look on the "empty chair" crisis, Schengen Area crisis and the recent financial crisis in Europe. In order to confirm the actual value of the conducted research, the author will make an attempt to relate his observations to the current geopolitical situation in Eastern Europe with reference to the EU competences in the existing political system.

Ensuring internal security is one of the core objectives of European integration in the context of the establishment of an area of freedom, security and justice of the European Union (E.U.). The aim of the internal security policy of the E.U. is to support Member States with regard to the maintenance of law and order and the safeguarding of internal security. In the last 20 years in the area of internal security of the E.U. many important initiatives, political agendas and legal instruments at the E.U. level have arisen. This article aims to show the development of the internal security policy of the E.U., its most important guidelines and the challenges in the coming years.