Elżbieta Kużelewska - Böcker

This book provides a broad geopolitical and legal analysis of the longer-term dispute between the Belarusian regime and the European Union, played out through conflict on the Polish–Belarusian border, which started in 2021.Although Poland finds itself at the center of this conflict, the book covers all countries whose territorial integrity has been affected, revealing a Belarusian regime taking advantage of the refugee crisis as a tool of hybrid warfare for destabilizing the political situation. As such, it also examines the role of Russia and its influence by means of its Belarusian neighbor, exposing the underlying motivations and mechanisms used by the Lukashenko regime towards the European community.This book will be of key interest to scholars and students of Central and Eastern European politics, EU politics, migration politics/studies, global governance, human rights, crisis management and, more broadly, to international relations, security studies, and international law.Chapter 5 of this book is freely available as a downloadable Open Access PDF at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non-Commercial-No Derivative Licence (CC-BY-NC-ND) 4.0 license.

This book provides a broad geopolitical and legal analysis of the longer-term dispute between the Belarusian regime and the European Union, played out through conflict on the Polish–Belarusian border, which started in 2021.Although Poland finds itself at the center of this conflict, the book covers all countries whose territorial integrity has been affected, revealing a Belarusian regime taking advantage of the refugee crisis as a tool of hybrid warfare for destabilizing the political situation. As such, it also examines the role of Russia and its influence by means of its Belarusian neighbor, exposing the underlying motivations and mechanisms used by the Lukashenko regime towards the European community.This book will be of key interest to scholars and students of Central and Eastern European politics, EU politics, migration politics/studies, global governance, human rights, crisis management and, more broadly, to international relations, security studies, and international law.Chapter 5 of this book is freely available as a downloadable Open Access PDF at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non-Commercial-No Derivative Licence (CC-BY-NC-ND) 4.0 license.

This pioneering collection addresses the prospective fundamental/human right not to use the Internet and the challenges that the non- use of the Internet poses for democracy.As the Internet has increasingly ceased to be a mere option and rather turned into a de facto obligation for anyone who exercises their rights or fulfils duties, these developments bring about profound ramifications for the very existence and the functioning of democracy, and therefore merit a critical reflection. With contributors from academia and legal practice from all over Europe, this edited volume offers timely critical analysis of the right not to use of the Internet, at times supplemented with policy advice and postulates for law reform.This book is of key interest to scholars and students of – predominantly – law, political science and philosophy as well as to policymakers, judges and nongovernmental organisations at national, supranational and international levels.The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

'The role of the European judiciary in the process of European integration cannot be overestimated. The achievements of European integration after the second world war are usually analyzed from the perspective of political decisions that were made, initially, by the Founding Fathers and, subsequently, by the political leaders of the European countries. However, in the public debate we very often forget how much we owe to the two supreme jurisdictions of Europe, that is the Court of Justice of the European Union and the European Court of Human Rights. The continuing extension of the competences of the European Union, especially in the field of economic and monetary policy, calls for a new assessment of the nature of the decision-making process at the European level.'-- From the foreword by Prof. Maciej Szpunar, Advocate General at the Court of Justice of the European Union'The European judiciary i.e. the Court of Justice of the European Union (CJEU), the European Court of Human Rights (ECtHR) and national courts interpreting and applying European law sensu largo have shaped [the process of European integration] actively, alongside the Founding Fathers, European nations, European states and their citizens. The involvement of the judiciary raises its own wide range of questions concerning the very nature of democracy. Much ink has already been spilled over issues such as democratic legitimacy, subsidiarity and accountability, the rule of law or judicial activism.[...] seventeen scholars from across Europe [...] share their views on the European judiciary as a challenge for democracy. The various contributions to the present volume are split into two parts. The first provides ten chapters on the judicial systems of the European Union (EU), discussing, inter alia, recognition of democratic principles in the case law of the CJEU, contribution thereof to the democratisation of the Union and reception of EU law in the Member States. The second part discusses the judicial means to protect human rights in Europe, consisting of three chapters devoted to the promise of advisory opinions of the ECtHR as well as to democratic standards for voting and for fair trial.'-- From the preface by the Editors'[...] the editors, authors and the publisher of this volume decided to take a closer look at the relation between democracy and activities of something that might be called ''European judicial systems''. And what is intriguing these systems are perceived here as a challenge for democracy.[...] This book does not exhaust all problems and issues for European judicial systems confronted with the very notion of democracy; there are simply too many of them. But it comes with a fresh look on perhaps the most pertinent ones, like the issue of the legal creativity of judges in both Luxembourg and Strasbourg. It was worth waiting for this volume.'-- Prof. Dr. Paul De Hert, Free University Brussels and Tilburg University

"Immigration has emerged as the defining issue of our times. [] The challenge that the immigration issue poses to the future of European democracy is real. Immigration itself is a genuine challenge, but the fundamental challenge that immigration brings to the fore is a domestic one, it is about fundamentally different political visions that cut through the citizenry of Europe's nation states. With that, it becomes critically important how these nation-states, through their democratic institutions, tackle immigration.[] we need both the scholarly analysis and reflection presented in this volume, and we need informed political innovation within and between Europe's nation-states."- from the Foreword by Prof. Dr. Kristian Berg Harpviken,Peace Research Institute Oslo"[] In result, Europe, to its series of recent big questions [] had to add another one: migrants stand ante portas and what to do with them?[] We have chosen to look at the extent to which the past, the present and the future of irregular migration to Europe relates to the foundational values and principles on which Europe has been built, namely democracy, the rule of law (Rechtsstaat) and the respect for fundamental rights. We focus on those people who seek in Europe various forms of help, motivated by war or other injustices in the places where they come from.[] the main aim of our book was to join the voluminous professional and academic literature on migration and to offer a few modest suggestion in which direction Europe should go whenever irregular migrants stand ante portas."- from the Preface by the Editors"This is a timely and elaborate volume interested in the question to what extent the challenge of irregular migration poses a challenge to democracy. The authors approach this issue from different ethical, legal and political angles. They do not shy away from developing concrete recommendations as to what the European Union could do when faced with migratory pressures. Overall, therefore, a highly recommendable contribution."- Prof. Dr. Florian Trauner, Vrije Universiteit Brussel