The aim of the paper is to present ramifi cations in the field of family law, inheritance law and tax law which arise from the lack of recognition of registered partnerships and same-sex marriages in certain European Union Member States, such as Poland. The lack of recognition is commonly perceived as discrimination on grounds of sexual orientation, but the emphasis is usually placed on its consequences concerning human rights. In this article, the author focused on discriminatory aspects in the area of family life and personal taxation. A lack of appropriate provisions in domestic law produces negative effects affecting taxation obligations for cross-border families that concluded their marriages or partnerships abroad but cannot benefi t from these institutions in certain EU Member States such as Poland. For the purpose of determining discriminatory aspects, the author analysed the domestic rules differentiating couples living in a marriage and couples not possessing the right to marry. Due to lack of case-law on tax and inheritance discrimination resulting from sexual orientation, relevant case-law of the Court of Justice of the European Union have been recalled, revealing possible violations of fundamental freedoms, including free movement of persons.
Publikacja recenzowana / Peer-reviewed publication ; Na podstawie art. 8 TUE Unia Europejska ma budować przestrzeń dobrobytu i dobrego sąsiedztwa. Instrumentem realizacji tego zamierzania jest umowa stowarzyszeniowa. Umowa tego rodzaju obowiązuje tymczasowo również w relacjach UE-Ukraina. Jej istotnym elementem jest budowa przestrzeni wolności, bezpieczeństwa i sprawiedliwości (Tytuł III umowy stowarzyszeniowej). Przestrzeń ta skonstruowana została, analogicznie do unijnej polityki PWBS (art. 67 TFUE), wokół swobody przepływu osób, uwarunkowanej współpracą Ukrainy w zakresie zarządzania granicami, migracji, azylu, a także zwalczania i zapobiegania przestępczości. Współpraca ta w grudniu 2015 r. została pozytywnie oceniona przez Komisję Europejską, a efektem tej pozytywnej oceny jest przedłożona w kwietniu 2016 r. inicjatywa prawodawcza Komisji w sprawie zniesienia wiz dla obywateli Ukrainy. Jeśli inicjatywa ta zostanie uchwalona przez Parlament Europejski, a na to wskazują pozytywne raporty komisji parlamentarnych, oraz przyjęta przez Radę, wówczas zniesiony zostanie obowiązek posiadania wiz, jeśli chodzi o pobyty krótkie, tj. do 90 dni. Należy jednak pamiętać, iż zmiana ta nie została powiązania w żaden sposób z prawem do podejmowania pracy przez obywateli Ukrainy w państwach członkowskich UE. Zgodnie z art. 18 umowy stowarzyszeniowej zagadnienie podejmowania pracy jest przedmiotem umów dwustronnych między państwem członkowskim a Ukrainą i prawa krajowego państw członkowskich. Zniesienie wiz dla obywateli Ukrainy stanowi jednocześnie, w świetle statystyk Komisji Europejskiej, największe wyzwanie organizacyjne dla polskich organów władzy państwowej odpowiedzialnych za kontrolę granic oraz imigrację – granica polsko-ukraińska jest najczęściej przekraczanym odcinkiem lądowej granicy wschodniej UE. Tylko w pierwszej połowie 2015 r. została przekroczona 4,7 mln razy. ; In accordance with Article 8 of the Treaty on the European Union the EU shall establish an area of prosperity and good neighbourhood. An association agreement is one of instruments used to achieve this goal. Such an agreement is applied provisionally in relation between the EU and Ukraine. The area of freedom, security and justice (Title II of the Association Agreement) is an important part of this agreement. The area is constructed in the same way like the European Union policy based on the Article 67 of the Treaty on functioning of the European Union, to establish the free movement of persons but in conjunction with the cooperation between the EU and Ukraine with respect to external border controls, asylum, immigration and the prevention and combating of crime. The European Commission gave a positive assessment of the cooperation in December 2015, confirming that Ukraine successfully met all benchmarks under the Visa Liberalisation Action Plan from 2010. In April 2016 the European Commission proposed to the Council of the European Union and the European Parliament to lift visa requirements for the citizens of Ukraine. The above mentioned amendment does not mean that the citizens of Ukraine will have the right to work in the EU. In accordance with Article 18 of the Association Agreement the mobility of workers is a subject to the legislation in the Member. The Visa Liberalisation will also mean a great challenge for the Polish border and migration administration. The Polish-Ukrainian border section remained by far the busiest section of the EU eastern land border, with an increase of 15.5% during January–June 2015 compared with the first half of 2014.
At the beginning of the 21st century the European Union faces the greatest challenge in its history. Several problems were raised due to the joining of new member countries to the EU, one of which – the free movement of people – was the most important. The 15 EU member-states, with fears of the cheap labour of the ten joining countries, in 2003 introduced days of grace for seven years to restrict the free movement of labour. However the majority of basic rights came into being before the joining to EU, the free movement of people and rather the free movement of employees became a question of serious debates. Facts did not prove these fears even in the case of France where the fi gure of a Polish mechanic became a topic of voting campaign in 2005. The expected wave of migrant workers never arrived consequently; countries having opened their labour marked after 1 May 2004 were out of danger. At the same time the areas that lost their inhabitants started to decline in terms of both economy and society. This is one of the main reasons for revitalization, which could support the improvement of socio-economic factors of rural areas, decreasing the unfavourable effects of migration. The newer reconsideration of the transition period is coming at an early date; we made a quantitative research with face to face method in Hungary in August 2008. In the questionnaire we analyzed the migration potential of the Hungarian people with 1200 members national representative sampling.
The issue of re-nationalization (disintegration and fragmentation) of integration process is manifested by the will of some of the Member States to verify their relations with the European Union. In the age of an economic crisis of the EU and in relation to the large migration of the population, there has emerged strong social and political criticism, on the European level, of the integration process, with some Member States even consideringtheir withdrawal from the EU. In those States, demands forextending the Member States' competences in the field of some EU policies are becoming more and more popular. The legal effects of the above-mentioned processes are visible in the free movements of the internal market, mainly within the free movement of persons. Therefore, there are problems, such as increased social dumping process, the need to retain the output of the European labour law, the issue of the so-called social tourism, erosion of the meaning of the EU citizenship and the principle of equal treatment. ; The issue of re-nationalization (disintegration and fragmentation) of integration process is manifested by the will of some of the Member States to verify their relations with the European Union. In the age of an economic crisis of the EU and in relation to the large migration of the population, there has emerged strong social and political criticism, on the European level, of the integration process, with some Member States even consideringtheir withdrawal from the EU. In those States, demands forextending the Member States' competences in the field of some EU policies are becoming more and more popular. The legal effects of the above-mentioned processes are visible in the free movements of the internal market, mainly within the free movement of persons. Therefore, there are problems, such as increased social dumping process, the need to retain the output of the European labour law, the issue of the so-called social tourism, erosion of the meaning of the EU citizenship and the principle of equal treatment.
For a long time governments, politicians and the public are facing a dilemma, how to ensure, on the one hand, the freedom to cross borders, ensure the safety of foreigners and encourage themto come, on the other hand, how to guard against the arrival of unwanted people and ensure the safety of its own citizens. A new quality in the implementation of the principle of freedom of migration was the creation of a single European market, with the four freedoms: free movement of goods, persons, services and capital. The aim was to create an area without internal frontiers, in which persons may move freely. An important role in the abolition of physical barriers on the movement of people played the creation of the Schengen area. All citizens of the European Union have the right of freedom of movement of persons. This also applies to family members of citizens of the European Union, regardless of their nationality. They have the right to move and reside, work and take up economic activities, education, receipt of social benefits. To allow working in another country are also needed some actions to support the movement of workers, especially the recognition of professional qualifications and the harmonization of policies on social benefits.
Local border traffic has a legal basis in the Schengen acquis and is related to the EU's free movement of persons, which, subject to certain conditions, is also available to third-country nationals. The subject of the article is the legal analysis of the Schengen regime in the context of cross-border cooperation with selected third countries on the external eastern border. The research thesis is proving that local border traffic is an exception to the Schengen regime and at the same time defines the regional dimension of the Schengen area. These analyses will be based on the practical context, which is the operation of the local border traffic on the example of the external eastern border of the European Union, particularly the EU-Ukraine border, which is also the external border of the EU and the Schengen area. In this context, the impact of the liberalized Schengen regime on the movement of people across the EU-Ukraine external border will be examined, which will indicate its phased nature with particular emphasis on the role of local border traffic as a transition phase between visa and visa-free traffic. The article uses comparative statistical data on both forms of liberalization of the Schengen legal regime on the border with Ukraine. At the same time, considering the local border traffic on the EU-Ukraine border, it is worth putting forward a thesis that the local border traffic is increasingly being replaced by visa-free travel. In addition, the LBT became the first step to introduce a visa-free regime, which is further liberalization of the Schengen regime.
Analyzing the course of accession negotiations of Turkey to the European Union and taking into an account the experience of previous enlargements, the issue of free movement of persons appears to be one of the most difficult and controversial subject. EU members societies report concerns about job losses and reduced wages in the case of immigration of cheaper labor. In addition, ethnic prejudices and cultural, religious, social and language differences in the European Union hold the demand for foreign workers.Based on the theory and analysis of current migration flows of the Turkish population to European Union countries, it appears that the most important factors influencing decisions to migrate, and thus also on its size, there are differences in income. An important factor is also the presence of a number of Turkish minorities in European countries.In order to balance the benefits and losses associated with Turkish migration will be analyzed the trends in Turkish immigrants participation in the European Union and Germany. ; Analizując przebieg negocjacji akcesyjnych Turcji do Unii Europejskiej oraz biorąc pod uwagę doświadczenia dotychczasowych rozszerzeń, kwestia swobodnego przepływu pracowników okazuje się być jednym z najtrudniejszych i najbardziej kontrowersyjnych tematów. Społeczeństwa krajów członkowskich Unii zgłaszają obawy związane z utratą miejsc pracy oraz redukcją płac w wypadku imigracji tańszej siły roboczej. Ponadto uprzedzenia narodowościowe oraz różnice kulturowe, religijne, socjalne i językowe hamują w Unii Europejskiej popyt na zagranicznych pracowników.W oparciu o teorię migracji oraz analizy dotychczasowych przepływów ludności tureckiej do krajów Unii Europejskiej okazuje się, że najistotniejszymi czynnikami wpływającymi na podejmowanie decyzji o migracji, a więc także o jej wielkości, są różnice w dochodach. Ważnym motywem jest także występowanie licznych mniejszości tureckich w państwach europejskich.W celu zbilansowania korzyści i strat związanych z turecką migracją zbadane zostaną tendencje w zakresie udziału tureckich imigrantów w Unii Europejskiej i Niemczech.
Analyzing the course of accession negotiations of Turkey to the European Union and taking into an account the experience of previous enlargements, the issue of free movement of persons appears to be one of the most difficult and controversial subject. EU members societies report concerns about job losses and reduced wages in the case of immigration of cheaper labor. In addition, ethnic prejudices and cultural, religious, social and language differences in the European Union hold the demand for foreign workers.Based on the theory and analysis of current migration flows of the Turkish population to European Union countries, it appears that the most important factors influencing decisions to migrate, and thus also on its size, there are differences in income. An important factor is also the presence of a number of Turkish minorities in European countries.In order to balance the benefits and losses associated with Turkish migration will be analyzed the trends in Turkish immigrants participation in the European Union and Germany. ; Analizując przebieg negocjacji akcesyjnych Turcji do Unii Europejskiej oraz biorąc pod uwagę doświadczenia dotychczasowych rozszerzeń, kwestia swobodnego przepływu pracowników okazuje się być jednym z najtrudniejszych i najbardziej kontrowersyjnych tematów. Społeczeństwa krajów członkowskich Unii zgłaszają obawy związane z utratą miejsc pracy oraz redukcją płac w wypadku imigracji tańszej siły roboczej. Ponadto uprzedzenia narodowościowe oraz różnice kulturowe, religijne, socjalne i językowe hamują w Unii Europejskiej popyt na zagranicznych pracowników.W oparciu o teorię migracji oraz analizy dotychczasowych przepływów ludności tureckiej do krajów Unii Europejskiej okazuje się, że najistotniejszymi czynnikami wpływającymi na podejmowanie decyzji o migracji, a więc także o jej wielkości, są różnice w dochodach. Ważnym motywem jest także występowanie licznych mniejszości tureckich w państwach europejskich.W celu zbilansowania korzyści i strat związanych z turecką migracją zbadane zostaną tendencje w zakresie udziału tureckich imigrantów w Unii Europejskiej i Niemczech.
As of today the European Union is the space of freedom, security and justice. This entails the free movement of persons and the lack of internal borders. The establishment of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union on 26th October, 2004 was another stage of the Member States' integration. With the increasing number of conflicts and the continuous development of the EU, Frontex ensures security of the EU citizens as well as helps the EU to harmonize its activities on all borders. It does so thanks to its appropriately trained staff and the co-operation between the Member States. This article emphasizes the increasing role of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union. ; Artykuł nie zawiera streszczenia w języku polskim.
The Treaty of Lisbon, which became effective on December 1 2009, provides for the transformation of the European Union into a more democratic, efficient and united community. This paper attempts to assess to what extent its provisions are reflected in the current reality of a united Europe. On the one hand, democratic legitimization of the EU is growing as a result of increasing competencies of the European Parliament, the rights of national parliaments, and so-called citizens' initiatives. However, the turnout in the last European elections, the increasing popularity of extremist right-wing parties, the work of the European Convention and restrictions imposed on the free movement of persons show that EU practice is far from the complete implementation of democratic values. Secondly, the Lisbon Treaty provides for higher EU efficiency in the international arena. This cannot be achieved, though, by electing people devoid of charisma, experience and a vision of a united Europe to the highest positions, such as EU president or chief of diplomacy. Last but not least, the new treaty provides for energy solidarity. Yet the work of the European Parliament, which is expected to translate these words into practice, is burdened by an increasing number of doubts and difficulties.
The Treaty of Lisbon, which became effective on December 1 2009, provides for the transformation of the European Union into a more democratic, efficient and united community. This paper attempts to assess to what extent its provisions are reflected in the current reality of a united Europe. On the one hand, democratic legitimization of the EU is growing as a result of increasing competencies of the European Parliament, the rights of national parliaments, and so-called citizens' initiatives. However, the turnout in the last European elections, the increasing popularity of extremist right-wing parties, the work of the European Convention and restrictions imposed on the free movement of persons show that EU practice is far from the complete implementation of democratic values. Secondly, the Lisbon Treaty provides for higher EU efficiency in the international arena. This cannot be achieved, though, by electing people devoid of charisma, experience and a vision of a united Europe to the highest positions, such as EU president or chief of diplomacy. Last but not least, the new treaty provides for energy solidarity. Yet the work of the European Parliament, which is expected to translate these words into practice, is burdened by an increasing number of doubts and difficulties.
The premise of this text is to analyze by means of selected examples the issues related to the broad definition of security, and modern and developing terrorist migration. Moreover, the aim of this paper is to approach the subject in question from the perspective of the current legal state by means of the formal and dogmatic method, but also by means of the method of criticism and analysis of the literature, which will allow a full understanding of the shape, functioning and causes of errors of modern security bodies. The above will influence the formulation of de lege ferenda postulates in the conclusion. The European Union is based on solid foundations. So how does globalisation, in its broadest sense, affect the world around us and the elementary values of the modern world? Modern terrorism, which strikes at the security of developed countries, is undoubtedly a global phenomenon that also sows fear for normal existence in one's own country. Unrestricted, cross-border terrorist activity is leading to intra-community division. This is the result of internal conflicts over common values. The surveillance and detection of migrants from outside the European community who are criminals is becoming a more difficult task with time. This is due to the fact that terrorist organisations operate according to a well-defined plan, creating extensive networks and recruiting new members for their groups in many countries simultaneously. The fight against terrorism is being waged on Europe's streets and in the homes and schools of its citizens. The struggle for security begins at the borders of European countries. What is crucial in this fight is the latest equipment and cooperation between security bodies, including the special services of all the countries of the European Union and NATO. It is essential to introduce appropriate legislation to limit the free movement of people who commit crimes and to develop methods to distinguish terrorists from economic migrants or refugees. The state must guarantee the security of its citizens and combat terrorism effectively. ; The premise of this text is to analyze by means of selected examples the issues related to the broad definition of security, and modern and developing terrorist migration. Moreover, the aim of this paper is to approach the subject in question from the perspective of the current legal state by means of the formal and dogmatic method, but also by means of the method of criticism and analysis of the literature, which will allow a full understanding of the shape, functioning and causes of errors of modern security bodies. The above will influence the formulation of de lege ferenda postulates in the conclusion. The European Union is based on solid foundations. So how does globalisation, in its broadest sense, affect the world around us and the elementary values of the modern world? Modern terrorism, which strikes at the security of developed countries, is undoubtedly a global phenomenon that also sows fear for normal existence in one's own country. Unrestricted, cross-border terrorist activity is leading to intra-community division. This is the result of internal conflicts over common values. The surveillance and detection of migrants from outside the European community who are criminals is becoming a more difficult task with time. This is due to the fact that terrorist organisations operate according to a well-defined plan, creating extensive networks and recruiting new members for their groups in many countries simultaneously. The fight against terrorism is being waged on Europe's streets and in the homes and schools of its citizens. The struggle for security begins at the borders of European countries. What is crucial in this fight is the latest equipment and cooperation between security bodies, including the special services of all the countries of the European Union and NATO. It is essential to introduce appropriate legislation to limit the free movement of people who commit crimes and to develop methods to distinguish terrorists from economic migrants or refugees. The state must guarantee the security of its citizens and combat terrorism effectively.
This paper discusses the main notions of the theory of organization and operation of a social movement that has been termed the anti-, and alter-globalization movement since the late 1990s. Its beginnings can be found in the protests of the populations of both Americas, mainly those of Mexico and the US, against a free-trade zone and agreements of states with international organizations. Attention should be paid to the structures the movement has built in European Union states, most closely related to globalization processes. Here both formal structures are encountered, such as the non-government organization Attac, and informal organizations operating on the principles of direct democracy. Formal organizations formulate legal and legitimate statutes and attempt to discuss the issues of globalization at the level of public debate. This is the path chosen by the parties of the so-called 'new politics' – prophetic, left-wing and libertarian parties. Informal organizations usually operate along principles of direct action and dialogue inside the movement itself. The key role in the shaping of the organizational structures of the anti-, and alter-globalization movements in Europe is played by the international European Social Forum, which is the venue for annual meetings and debates of different ideological currents.
This paper discusses the main notions of the theory of organization and operation of a social movement that has been termed the anti-, and alter-globalization movement since the late 1990s. Its beginnings can be found in the protests of the populations of both Americas, mainly those of Mexico and the US, against a free-trade zone and agreements of states with international organizations. Attention should be paid to the structures the movement has built in European Union states, most closely related to globalization processes. Here both formal structures are encountered, such as the non-government organization Attac, and informal organizations operating on the principles of direct democracy. Formal organizations formulate legal and legitimate statutes and attempt to discuss the issues of globalization at the level of public debate. This is the path chosen by the parties of the so-called 'new politics' – prophetic, left-wing and libertarian parties. Informal organizations usually operate along principles of direct action and dialogue inside the movement itself. The key role in the shaping of the organizational structures of the anti-, and alter-globalization movements in Europe is played by the international European Social Forum, which is the venue for annual meetings and debates of different ideological currents.
The purpose of the article is to present the dilemmas of sociopolitical system based on the program concepts of people's movement parliamentary parties from Central and Eastern Europe. The period of analysis covers first years of the systemic transformation, when people's movement parties from Poland, Bulgaria, Hungary and Romania had their parliamentary representation. The research is based on methodological assumptions of content analysis and comparative method. The categorization key included issues concerning: postulated political system; economic order; main directions of foreign policy. People's parties stressed the need to build democratic states, based on the tripartite separation of power, including citizens' civil rights. They opted for a free market economy but permitted state interference, especially in the agricultural sector. In strongly collectivized states the privatization of land was a crucial issue. People's parties also called for changes in international alliances of their countries.
