Contemporary Europe, 2012 (vol. 2012), issue 2

Articles

Evropa a "nová" bezpečnost: Jak EU a vybrané členské státy vnímají a reflektují současné bezpečnostní výzvy

Europe and 'New' Security: How the EU and Selected Member States Perceive and Reflect on the Current Security Challenges

Tomáš Rohrbacher, Jan M. Rolenc

Současná Evropa 2012, 2012(2):3-22  

Past years have, in view of the transformation of 'inter-national' (not only) security relations, witnessed a shift of the security paradigm - so called open notion of security has complemented or replaced in the 20th century prevalent military approach. States and other actors have to face these changes what is, however, a complicated and a slow process - it entails moving of some segments of 'statehood' to higher (or lower) levels. Global security governance has not yet been successful, more plausible developmenst occur on the regional level - and the EU today is the key representative of regional security players. The article analyses the basic...

Consultations

Práva k duševnímu vlastnictví jako nástroj EU pro obchodní liberalizaci a podporu exportu

Intellectual Property Rights as an EU Tool of Trade Liberalization and Export Promotion

Ludmila Štěrbová

Současná Evropa 2012, 2012(2):23-42  

The multilateral and plurilateral agreements on protection and enforcement of intellectual property rights that are a phenomenon of the end of the 20th and in the beginning of the 21st centuries and that complemented the system of agreements on IPRs protection that have existed in international relations since the end of 19th century, have impact on the trade policies of individual states, influence business environment and consequently the trade flows between countries. EU belongs to the most important initiators of the mentioned agreements. Effectiveness and level of IPRs protection and enforcement constitute incentive or barrier to the market entry...

Volný pohyb veřejných listin v Evropské unii

Free Movement of Public Documents in the European Union

Zuzana Trávníčková

Současná Evropa 2012, 2012(2):43-64  

Important legal as well as formal facts are certified in the form of public documents. The movement of public documents is regulated by international customary law, international treaties, national legislation and partially also by European law. In December 2010 the European Commission presented Green Paper covering ideas how to simplify the movement of public documents and recognition of civil status records. Reactions to the Green Paper were full of contradictions. Although all participants of the debate appreciated the idea of simplification of the movement of public documents in general, their views regarding certain proposals of the Commission...

Evropeizace po Lisabonu: Kompetence, governance a domácí změny v kontextu nové úpravy primární legislativy EU

Europeanization after Lisbon: Competencies, Governance and Domestic Changes in the Context of the new EU Primary Legislation

Štěpánka Zemanová, Radka Druláková

Současná Evropa 2012, 2012(2):65-82  

After many years of efforts to clear classification of EU competencies, these competencies were divided into exclusive, shared and co-ordination by Title I, Articles 2-6 of the Treaty on the Functioning of the European Union as amended by the Treaty of Lisbon. At the same time the areas were delimited where the Union acts and implement joint actions, but its activity must not prevent Member States from implementing their own policies. The classification has a practical significance for defining the scope of the EU and Member States spheres of action, and for application of some more general tools in the integration process - for example, the principle...

Překážky při realizaci přeshraničních fúzí v Evropské unii

Obstacles in European Union Cross-border Mergers Realization

Marcela Žárová, Jana Skálová

Současná Evropa 2012, 2012(2):83-104  

European Commission has been concentrated on cross-border mergers treatment during last seven years. Commission's activity has brought Member States obligation to transpose EC Directives on cross-border mergers into their law systems. Cross-border mergers are cross disciplinary topic as concerns business law, accounting legislation and tax legislation. The article investigates empirical data concerning cross-border mergers in the Czech Republic and brings criticism of the European Commission's activity in this field. Criticism is supported by the very small number of realized cross-border mergers. This article demonstrates obstacles in cross-border...

Unitární vs. kooperativní model vládnutí v EU?

Unitary vs. Cooperative Model of Governance in the EU?

Vojtěch Belling

Současná Evropa 2012, 2012(2):105-133  

By using the difference between unitary and cooperative federalism models, this paper attempts to grasp new forms of decision-making process in the post-Lisbon EU, since the previous distinction between community and intergovernmental decision-making method has lost its explanatory power in the current situation - especially in connection with the abolition of the pillar structure of European law and the introduction of a single legal personality of the Union. Unlike the older classification, it is now possible to distinguish between competences exercised within the unitary and cooperative model - the selected way of legal steering (unification and...

Problematika harmonizace práva EU v oblasti regulace reklamy

Fully Harmonized EU Law and Regulation of Advertising

Jan Vavrečka, Petr Štěpánek

Současná Evropa 2012, 2012(2):135-145  

There is a development of a professional discussions about the correct way of implementation of this law, about a right interpretation of regulatory rules and about a unification of administrative supervision in this area. With all this effort, just few people deal with the actual merit of definition of advertising. Although all advertising regulations unify rules and their interpretation, remains the chaos among the Member States in what these rules actually regulate - what is considered as an advertising. Material definition of advertising and its legal definition is incomprehensibly overlooked and in contrast performs against harmonized efforts...

Európske a nemecké insolvenčné právo so zameraním na cezhraničné konanie, COMI a medzinárodnú príslušnosť

European and German insolvency law with focus on cross-border proceedings, COMI and international competence

Tomáš Šťastný

Současná Evropa 2012, 2012(2):147-166  

The topic of this article is to outline the insolvency proceedings possibilities in the European Union and Germany and cross-border insolvency aspects .The main objective of this article is a focus on European, German, cross-border insolvency law and its practical bankruptcy implementation. We would like to point out that this article is based on the bibliography and internet sources valid to January 1st 2012.

Book Reviews

Michal Stričík: Regionálny rozvoj

Ingeborg Němcová, Stanislava Mildeová, Jiří Patočka

Současná Evropa 2012, 2012(2):167-168  

Michal Stričík: Regionálny rozvoj. Bratislava: EKONÓM, 2011, 132 s. ISBN 978-80-225-3173-3