The material scope of the analysis presented in this paper refers to special powers held by the Polish special services with respect to the surveillance of foreign nationals in connection with terrorist threats and terrorist offenses. This paper connects the issue of anti-terrorist measures with the assessment of the effectiveness of the Polish special services and with the assessment of potential social costs, which are related to the increase in the powers held by these services in the field of surveillance of Polish citizens and foreign nationals. The analysis of the powers of the special services focuses on the powers of one of the counterintelligence services, i.e. the Internal Security Agency (Polish: ABW). Counter-Terrorist Security: the Example of the Special Powers of the Polish Special... 277 The purpose of this paper is to indicate the consequences of the introduction of legal changes concerning the powers held by the special services in the scope of applying particular types of surveillance activities (operational-and-intelligence activities). It poses the following research questions: (1) To what extent can mechanisms in Polish law influence the effectiveness of combating terrorism by the Polish special services? (2) To what extent can mechanisms in Polish law in the field of combating terrorism violate the rights and freedoms of Polish citizens and foreign nationals? In order to answer the research questions, the activities and powers of Polish special services were analyzed from a legal and institutional point of view. On the other hand, to analyze legal regulations related to surveillance, the author applied a dogmatic and doctrinal interpretation and a pro-constitutional interpretation of the provisions of criminal law.
{"title":"Counter-Terrorist Security: the Example of the Special Powers of the Polish Special Services in the Field of Surveillance of Foreign Nationals","authors":"Remigiusz Rosicki","doi":"10.14746/PS.2018.1.19","DOIUrl":"https://doi.org/10.14746/PS.2018.1.19","url":null,"abstract":"The material scope of the analysis presented in this paper refers to special powers held by the Polish special services with respect to the surveillance of foreign nationals in connection with terrorist threats and terrorist offenses. This paper connects the issue of anti-terrorist measures with the assessment of the effectiveness of the Polish special services and with the assessment of potential social costs, which are related to the increase in the powers held by these services in the field of surveillance of Polish citizens and foreign nationals. The analysis of the powers of the special services focuses on the powers of one of the counterintelligence services, i.e. the Internal Security Agency (Polish: ABW). Counter-Terrorist Security: the Example of the Special Powers of the Polish Special... 277 The purpose of this paper is to indicate the consequences of the introduction of legal changes concerning the powers held by the special services in the scope of applying particular types of surveillance activities (operational-and-intelligence activities). It poses the following research questions: (1) To what extent can mechanisms in Polish law influence the effectiveness of combating terrorism by the Polish special services? (2) To what extent can mechanisms in Polish law in the field of combating terrorism violate the rights and freedoms of Polish citizens and foreign nationals? In order to answer the research questions, the activities and powers of Polish special services were analyzed from a legal and institutional point of view. On the other hand, to analyze legal regulations related to surveillance, the author applied a dogmatic and doctrinal interpretation and a pro-constitutional interpretation of the provisions of criminal law.","PeriodicalId":37800,"journal":{"name":"Przeglad Strategiczny","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66610108","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Europe Within the World of Regionalisms","authors":"D. Bach","doi":"10.14746/ps.2018.1.24","DOIUrl":"https://doi.org/10.14746/ps.2018.1.24","url":null,"abstract":"","PeriodicalId":37800,"journal":{"name":"Przeglad Strategiczny","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66610214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
More recently, a few European states have been alleged to have violated the rule of law, the key element of operation of a democratic state. Respect for the rule of law in European Union Member States has increasingly been of interest for EU institutions, both in relation to the procedure under Art. 7 of the Treaty of the European Union and to the proposal of the European Commission to link the amount of EU budget allocation for a Member State with the evaluation of the State’s respect for the values enshrined in Art. 2 of the Treaty of the European Union, including the rule of law principle. A significant role in both cases is played by the evaluation performed by the European Commission, the executive body in the institutional order of the EU. The unique function of the European Commission, coupled with laconic provisions of EU treaties and the fact that the rule of law was introduced into treaties only in 1999, along with the entry into force of the Amsterdam Treaty, triggers not only questions concerning the competence of the European Commission to audit the compliance of acts of national law with the rule of law principle, but first of all those concerning the normative content of the above principle, shared by all the EU Member States. The former question was addressed e.g. in the 2017 monograph by T. Konstadinides, The Rule of Law in European Union. The Internal Dimension, (Portland, Oregon, 2017). In the introduction the author observes: “Thus, despite its good will to enforce virtuous practice across the Member States by first extending EU law compliance outside cross-border situation and beyond mere breaches of substantive provisions, the EU has entered uncharted territory. Such a development may in turn expose the EU’s power limits as well as democratic and rule of law flaws, viz the restrictive interpretation for entire system of the judicial review of EU law and externally viz the EU’s international responsibility for wrongful acts with regard to, for instance, the implementation of various ‘anti-crises’ measures” (Ibid.: 4). As to the latter issue, which was the root cause of the organisation of the conference, one may quote A. v. Bogdandy’s statement about difficulties with a definition of the normative content of the rule of law: “Dies ist kein leichtes Unterfangen, bildet doch die Rechtsstaatlichkeit ein nur schwer definierbares Konzept. Zudem verstehen die verschiedenen Verfassungstraditionen unter den englischen, griechischen, italienischen, französischen Entsprechungen rule of law, κράτος δικαίου, stato di diritto, État de droit, um nur einige Beispiele zu nennen, durchaus nicht immer dasselbe.”1 In the face of the above challenges, the Institute for Western Affairs (Instytut Zachodni, hereinafter IZ) decided to host an international conference dedicated to Current Challenges for the Application of the Rule of Law in European States. Conference participants included
最近，一些欧洲国家被指控违反了民主国家运作的关键要素——法治。尊重法治在欧盟成员国已经越来越感兴趣的欧盟机构,与艺术下的过程。7的条约,欧盟和欧盟委员会的提议将欧盟成员国预算分配的数量评估的尊重的价值观体现在艺术。2欧盟条约,包括法治原则。在这两种情况下，欧盟委员会(欧盟制度秩序中的执行机构)所进行的评估都发挥了重要作用。欧盟委员会的独特职能，加上欧盟条约的简洁规定，以及法治直到1999年才被引入条约的事实，以及《阿姆斯特丹条约》的生效，不仅引发了有关欧盟委员会审计国家法律行为是否符合法治原则的能力的问题，而且首先引发了有关上述原则的规范性内容的问题。由所有欧盟成员国共同承担。前一个问题在T. Konstadinides 2017年的专著《欧盟法治》(The Rule of Law in European Union)中得到了解决。《内在维度》(Portland, Oregon, 2017)。在导言中，发件人指出:“因此，尽管欧盟有良好的意愿在各成员国强制实行良好的做法，首先将遵守欧盟法律的范围扩大到跨国界情况之外，超出仅仅违反实质性规定的范围，但欧盟已经进入了未知的领域。这种发展可能反过来暴露出欧盟的权力限制以及民主和法治的缺陷，即欧盟法律司法审查的整个制度的限制性解释，以及外部的欧盟对不法行为的国际责任，例如，各种“反危机”措施的实施。4)关于后一个问题，这是组织这次会议的根本原因，我们可以引用a . v. Bogdandy关于难以定义法治的规范性内容的说法:“Dies ist kein leichtes Unterfangen, bildet doch die Rechtsstaatlichkeit ein nur schwer definierbares Konzept。Zudem verstehen die verschiedenen verfassungstrationen unterden english, griechichen, italienischen, französischen Entsprechungen法治，κ α ος δικα ος δικα ο ου， stato di diitto， État de droit, um nur einige Beispiele zu nennen, durchaus nicht immer dasselbe。“1 .面对上述挑战，西方事务研究所(扎乔德尼研究所，下称研究所)决定主办一次国际会议，专门讨论当前在欧洲国家实施法治所面临的挑战。与会者包括
{"title":"Current Challenges for the Application of the Rule of Law in European States, Poznań, 12–13 April, 2018","authors":"Magdalena Bainczyk","doi":"10.14746/PS.2018.1.34","DOIUrl":"https://doi.org/10.14746/PS.2018.1.34","url":null,"abstract":"More recently, a few European states have been alleged to have violated the rule of law, the key element of operation of a democratic state. Respect for the rule of law in European Union Member States has increasingly been of interest for EU institutions, both in relation to the procedure under Art. 7 of the Treaty of the European Union and to the proposal of the European Commission to link the amount of EU budget allocation for a Member State with the evaluation of the State’s respect for the values enshrined in Art. 2 of the Treaty of the European Union, including the rule of law principle. A significant role in both cases is played by the evaluation performed by the European Commission, the executive body in the institutional order of the EU. The unique function of the European Commission, coupled with laconic provisions of EU treaties and the fact that the rule of law was introduced into treaties only in 1999, along with the entry into force of the Amsterdam Treaty, triggers not only questions concerning the competence of the European Commission to audit the compliance of acts of national law with the rule of law principle, but first of all those concerning the normative content of the above principle, shared by all the EU Member States. The former question was addressed e.g. in the 2017 monograph by T. Konstadinides, The Rule of Law in European Union. The Internal Dimension, (Portland, Oregon, 2017). In the introduction the author observes: “Thus, despite its good will to enforce virtuous practice across the Member States by first extending EU law compliance outside cross-border situation and beyond mere breaches of substantive provisions, the EU has entered uncharted territory. Such a development may in turn expose the EU’s power limits as well as democratic and rule of law flaws, viz the restrictive interpretation for entire system of the judicial review of EU law and externally viz the EU’s international responsibility for wrongful acts with regard to, for instance, the implementation of various ‘anti-crises’ measures” (Ibid.: 4). As to the latter issue, which was the root cause of the organisation of the conference, one may quote A. v. Bogdandy’s statement about difficulties with a definition of the normative content of the rule of law: “Dies ist kein leichtes Unterfangen, bildet doch die Rechtsstaatlichkeit ein nur schwer definierbares Konzept. Zudem verstehen die verschiedenen Verfassungstraditionen unter den englischen, griechischen, italienischen, französischen Entsprechungen rule of law, κράτος δικαίου, stato di diritto, État de droit, um nur einige Beispiele zu nennen, durchaus nicht immer dasselbe.”1 In the face of the above challenges, the Institute for Western Affairs (Instytut Zachodni, hereinafter IZ) decided to host an international conference dedicated to Current Challenges for the Application of the Rule of Law in European States. Conference participants included","PeriodicalId":37800,"journal":{"name":"Przeglad Strategiczny","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66610384","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The participation of soldiers in combat missions is one of the tasks that requires not only physical– but because of stressors – also psychological preparation. Participation in warfare involvesexposure to physical, cognitive, emotional and social inconvenience and is considered an important risk factor for the psychological disturbances. However, the literature on the subject also indicates the positive effects of confrontation with the stressors (e.g. postraumatic growth). The aim of the study was to determine whether the intensity of combat exposure and social support are related to both the negative and the positive psychological consequences of participating in warfare. The study, conducted by soldiers participating in the Afghan war, showed no connection between the intensity of combat experience and the well-being of soldiers. Not informing the family about difficulties experienced by soldiers was related to a greater number of psychological disturbances. Moreover, it turned out that not received social support, but the soldier’sconviction about the possibility of receiving this form of help, together with refraining from sharing their difficulties with family members, contributed to positive psychological changes.The results demonstrated that the psychological effect of participating in a military mission is not so much dependent on the intensity of the combat experience, as from the soldier’s conviction that social support is available from non-family member.
{"title":"The Psychological Consequences of Participation in Combat Missions and the Situational and Social Factors Behind Them: an Empirical Study","authors":"S. Madej, O. Sakson-Obada","doi":"10.14746/PS.2018.1.21","DOIUrl":"https://doi.org/10.14746/PS.2018.1.21","url":null,"abstract":"The participation of soldiers in combat missions is one of the tasks that requires not only physical– but because of stressors – also psychological preparation. Participation in warfare involvesexposure to physical, cognitive, emotional and social inconvenience and is considered an important risk factor for the psychological disturbances. However, the literature on the subject also indicates the positive effects of confrontation with the stressors (e.g. postraumatic growth). The aim of the study was to determine whether the intensity of combat exposure and social support are related to both the negative and the positive psychological consequences of participating in warfare. The study, conducted by soldiers participating in the Afghan war, showed no connection between the intensity of combat experience and the well-being of soldiers. Not informing the family about difficulties experienced by soldiers was related to a greater number of psychological disturbances. Moreover, it turned out that not received social support, but the soldier’sconviction about the possibility of receiving this form of help, together with refraining from sharing their difficulties with family members, contributed to positive psychological changes.The results demonstrated that the psychological effect of participating in a military mission is not so much dependent on the intensity of the combat experience, as from the soldier’s conviction that social support is available from non-family member.","PeriodicalId":37800,"journal":{"name":"Przeglad Strategiczny","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47193797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The article attempts to explore the views of the Polish parliamentarians on threats to the security of Europe and the EU and their implications for Poland and its relations with Germany in the context of the Ukrainian conflict, NATO transformations, divergent energy interests and the refugee crisis. We follow the hypothesis, that the opinions on the threats and conflicts in the neighborhood of Europe were consistent across party lines in Europe’s neighborhood and they suggest a strong consensus on the necessity to strengthen the cooperation in NATO. The article examines the responses of members of the Polish parliament (members of parliamentary committees on foreign and European affairs and security, members of the Polish-German parliamentary group) and all Polish members of the European Parliament to a dual survey carried out in 2015 and 2016. The questionnaire was completed by 22 respondents in the first and 21 respond106 Krzysztof MALINOWSKI, Michał NOWOSIELSKI ents in the second survey. The respondents represented diverse political parties (Civic Platform, Law & Justice, Democratic Left Alliance, Polish People’s Party). keywords: Europe’s security, Poland’s security, polish political elite SPRAWY BEZPIECZEŃSTWA EUROPEJSKIEGO W OPINIACH POLSkICH PARLAMENTARZYSTÓW
本文试图探讨在乌克兰冲突、北约转型、能源利益分歧和难民危机的背景下，波兰议员对欧洲和欧盟安全威胁的看法，以及这些威胁对波兰及其与德国关系的影响。我们遵循这样的假设，即对欧洲邻国的威胁和冲突的看法是一致的，跨越了欧洲邻国的党派界限，它们表明了对加强北约合作必要性的强烈共识。本文考察了波兰议会成员(议会外交和欧洲事务与安全委员会成员，波兰-德国议会集团成员)和欧洲议会所有波兰成员对2015年和2016年进行的双重调查的回应。问卷由第一次调查的22名受访者完成，第二次调查的21名受访者完成，分别为Krzysztof MALINOWSKI、michaownowosielski。受访者来自不同的政党(公民纲领党、法律与正义党、民主左翼联盟、波兰人民党)。关键词:欧洲安全，波兰安全，波兰政治精英蔓延BEZPIECZEŃSTWA EUROPEJSKIEGO W OPINIACH POLSkICH PARLAMENTARZYSTÓW
{"title":"EUROPEAN SECURITY ISSUES AS SEEN BY POLISH PARLIAMENTARIANS","authors":"K. Malinowski, Michał Nowosielski","doi":"10.14746/PS.2018.1.7","DOIUrl":"https://doi.org/10.14746/PS.2018.1.7","url":null,"abstract":"The article attempts to explore the views of the Polish parliamentarians on threats to the security of Europe and the EU and their implications for Poland and its relations with Germany in the context of the Ukrainian conflict, NATO transformations, divergent energy interests and the refugee crisis. We follow the hypothesis, that the opinions on the threats and conflicts in the neighborhood of Europe were consistent across party lines in Europe’s neighborhood and they suggest a strong consensus on the necessity to strengthen the cooperation in NATO. The article examines the responses of members of the Polish parliament (members of parliamentary committees on foreign and European affairs and security, members of the Polish-German parliamentary group) and all Polish members of the European Parliament to a dual survey carried out in 2015 and 2016. The questionnaire was completed by 22 respondents in the first and 21 respond106 Krzysztof MALINOWSKI, Michał NOWOSIELSKI ents in the second survey. The respondents represented diverse political parties (Civic Platform, Law & Justice, Democratic Left Alliance, Polish People’s Party). keywords: Europe’s security, Poland’s security, polish political elite SPRAWY BEZPIECZEŃSTWA EUROPEJSKIEGO W OPINIACH POLSkICH PARLAMENTARZYSTÓW","PeriodicalId":37800,"journal":{"name":"Przeglad Strategiczny","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66610000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Терроризм и революция","authors":"V. Gutorov, Aleksandr Shirinyants","doi":"10.14746/ps.2018.1.17","DOIUrl":"https://doi.org/10.14746/ps.2018.1.17","url":null,"abstract":"","PeriodicalId":37800,"journal":{"name":"Przeglad Strategiczny","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66610053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The text constitutes a review of articles published in 2017 on the pages of British academic journals dealing with international relations. The author has selected texts from issues of: “European Political Science Review”, “The British Journal of Politics and International Relations”, “Politics”, “Cambridge Review of International Relations” and “Political Studies.” The presented articles have been analyzed in the context of thematic groups such as: Brexit, elections, trust in politics, Middle East issues and others.
{"title":"British Scientific Journals in the Area of International Relations – 2017 Review","authors":"Patryk Jędrowiak","doi":"10.14746/ps.2018.1.30","DOIUrl":"https://doi.org/10.14746/ps.2018.1.30","url":null,"abstract":"The text constitutes a review of articles published in 2017 on the pages of British academic journals dealing with international relations. The author has selected texts from issues of: “European Political Science Review”, “The British Journal of Politics and International Relations”, “Politics”, “Cambridge Review of International Relations” and “Political Studies.” The presented articles have been analyzed in the context of thematic groups such as: Brexit, elections, trust in politics, Middle East issues and others.","PeriodicalId":37800,"journal":{"name":"Przeglad Strategiczny","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66610292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Belt and Road Initi ati ve (BRI): Implications for Iran-China Relations","authors":"Przemysław Osiewicz","doi":"10.14746/PS.2018.1.16","DOIUrl":"https://doi.org/10.14746/PS.2018.1.16","url":null,"abstract":"","PeriodicalId":37800,"journal":{"name":"Przeglad Strategiczny","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49118863","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Military Status Quo on the Eurasian Chessboard","authors":"S. Wojciechowski","doi":"10.14746/ps.2018.1.1","DOIUrl":"https://doi.org/10.14746/ps.2018.1.1","url":null,"abstract":"","PeriodicalId":37800,"journal":{"name":"Przeglad Strategiczny","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48946476","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：