Template-Type: ReDIF-Article 1.0 Author-Name: Tomáš Rohrbacher Author-Name: Jan M. Rolenc Title: Europe and ‘New’ Security: How the EU and Selected Member States Perceive and Reflect on the Current Security Challenges Abstract: 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 security-political documents of the Union and selected member countries and confronts them with the transformation of the security paradigm. The countries are selected according to various dividing lines (e.g. large versus small, wealthy versus poor, inside versus on the frontier). The documents are analysed by the method of content analysis on basis of pre-selected terms (categories) typical for both security paradigms (e.g. sovereignty, territory, military versus terrorism, civil society, human rights, development, environment). The performed analysis shows if and how the EU and its chosen members reflect in discursive terms the change of the notions of security challenges and if the reflection is influenced by some of the dividing lines. Simultaneously it enables to plan a following, more sophisticated level of analysis. Keywords: EU, security, traditional/new/open security, security strategy, content analysis, EU, bezpečnost, tradiční/nová/otevřená bezpečnost, bezpečnostní strategie, obsahová analýza Pages: 3-22 Volume: 2012 Issue: 2 Year: 2012 File-URL: http://www.vse.cz/se/download.php?jnl=se&pdf=1.pdf File-URL: http://www.vse.cz/se/1 File-Format: text/html Handle: RePEc:prg:jnlsev:v:2012:y:2012:i:2:id:1:p:3-22 X-File-Ref: http://www.vse.cz/RePEc/prg/jnlsev/references/1 Template-Type: ReDIF-Article 1.0 Author-Name: Ingeborg Němcová Author-Name: Stanislava Mildeová Author-Name: Jiří Patočka Title: Michal Stričík: Regionálny rozvoj Abstract: Michal Stričík: Regionálny rozvoj. Bratislava: EKONÓM, 2011, 132 s. ISBN 978-80-225-3173-3 Pages: 167-168 Volume: 2012 Issue: 2 Year: 2012 File-URL: http://www.vse.cz/se/download.php?jnl=se&pdf=9.pdf File-URL: http://www.vse.cz/se/9 File-Format: text/html Handle: RePEc:prg:jnlsev:v:2012:y:2012:i:2:id:9:p:167-168 Template-Type: ReDIF-Article 1.0 Author-Name: Ludmila Štěrbová Title: Intellectual Property Rights as an EU Tool of Trade Liberalization and Export Promotion Abstract: 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 and therefore is becoming more and more important part of the EU Common Commercial Policy and as such, it becomes also an important tool of the trade liberalization and export promotion. The Lisbon Treaty included commercial aspects of intellectual property rights into exclusive competences and established respective procedures for their implementation into national legislations of EU Member States. Intellectual property rights are also part of the newly negotiated or already signed trade preferential agreements between EU and South Korea, India, Mercosur and other countries of Latin America. Moreover, the EU initiated actively further trade agreement negotiated at plurilateral basis, i.e. Anti-Counterfeiting Trade Agreement (ACTA), which importance consists in the establishment of manners and effectiveness of copyright and industrial rights. The article analyses current EU activities in the area of commercial aspects of IPRs protection and enforcement, in multilateral as well as bilateral trade agreements and possible impacts on the third market access and export promotion of European subjects. Keywords: EU, EU, intellectual property rights, trade agreements, trade liberalization, práva k duševnímu vlastnictví, obchodní dohody, liberalizace obchodu Pages: 23-42 Volume: 2012 Issue: 2 Year: 2012 File-URL: http://www.vse.cz/se/download.php?jnl=se&pdf=2.pdf File-URL: http://www.vse.cz/se/2 File-Format: text/html Handle: RePEc:prg:jnlsev:v:2012:y:2012:i:2:id:2:p:23-42 X-File-Ref: http://www.vse.cz/RePEc/prg/jnlsev/references/2 Template-Type: ReDIF-Article 1.0 Author-Name: Zuzana Trávníčková Title: Free Movement of Public Documents in the European Union Abstract: 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 varied. Ideas proposing the abolishing of formal legalization (including apostille), introduction of European civil status certificate and automatic recognition of civil status records were refused more often than accepted. On the other hand, the introduction of optional standard forms for widely used public documents (that could limit the translations of documents) was generally approved. Keywords: public documents, European union, legalization, apostille, harmonization, unification, veřejné listiny, Evropská unie, ověřování, apostila, harmonizace, unifikace Pages: 43-64 Volume: 2012 Issue: 2 Year: 2012 File-URL: http://www.vse.cz/se/download.php?jnl=se&pdf=3.pdf File-URL: http://www.vse.cz/se/3 File-Format: text/html Handle: RePEc:prg:jnlsev:v:2012:y:2012:i:2:id:3:p:43-64 X-File-Ref: http://www.vse.cz/RePEc/prg/jnlsev/references/3 Template-Type: ReDIF-Article 1.0 Author-Name: Štěpánka Zemanová Author-Name: Radka Druláková Title: Europeanization after Lisbon: Competencies, Governance and Domestic Changes in the Context of the new EU Primary Legislation Abstract: 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 of subsidiarity. It is also beneficial in terms of theoretical knowledge, since it can be used to refine the existing approaches of Europeanization research. The Europeanization research has recently emphasized the link between domestic changes within individual Member States and the modes of governance used by the EU in the implementation of various policies (coercive, competition and cooperation / communication one). In the context of clear classification of policies, introduced by the Treaty of Lisbon, governance modes can be accurately attributed to individual policies. Thus, it is now possible to identify better the main mechanisms resulting in changes of domestic policies of the Member States. The identification of the relationships between categories of policies as defined by the Treaty of Lisbon, the modes of governance and key mechanisms of Europeanization is the main aim of the article. But all the same the article tries to describe briefly the situation prior to the Treaty of Lisbon entry into force and highlight the pitfalls Keywords: European Union,, European integration, europeanization, governance, EU competencies, Evropská unie,, evropská integrace, evropeizace, governance, kompetence EU Pages: 65-82 Volume: 2012 Issue: 2 Year: 2012 File-URL: http://www.vse.cz/se/download.php?jnl=se&pdf=4.pdf File-URL: http://www.vse.cz/se/4 File-Format: text/html Handle: RePEc:prg:jnlsev:v:2012:y:2012:i:2:id:4:p:65-82 X-File-Ref: http://www.vse.cz/RePEc/prg/jnlsev/references/4 Template-Type: ReDIF-Article 1.0 Author-Name: Marcela Žárová Author-Name: Jana Skálová Title: Obstacles in European Union Cross-border Mergers Realization Abstract: 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 mergers realization. Using comparative analysis, the article brings analysis of conditions in ten selected European countries in which cross-border mergers are realized. The analysis of conditions brings answers to improve present situation. Conclusion from the analysis provides good solution for the Czech Republic including legislative changes. Based on the results from investigation, we believe that legislative changes would help Czech companies to realize cross-border merge in higher scale. Keywords: cross-border mergers, fair value measurement of assets, registered equity, opening balance sheet, closing balance sheet, decisive day, přeshraniční fúze, ocenění majetku reálnou hodnotou, základní kapitál, zahajovací rozvaha, konečná účetní závěrka, rozhodný den fúze Pages: 83-104 Volume: 2012 Issue: 2 Year: 2012 File-URL: http://www.vse.cz/se/download.php?jnl=se&pdf=5.pdf File-URL: http://www.vse.cz/se/5 File-Format: text/html Handle: RePEc:prg:jnlsev:v:2012:y:2012:i:2:id:5:p:83-104 X-File-Ref: http://www.vse.cz/RePEc/prg/jnlsev/references/5 Template-Type: ReDIF-Article 1.0 Author-Name: Vojtěch Belling Title: Unitary vs. Cooperative Model of Governance in the EU? Abstract: 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 harmonization versus coordination) and the corresponding role of European institutions and Member States in EU policies set in the Lisbon Treaty being the dividing criteria. The text identifies the strengths and weaknesses of both models and considers possible consequences of new forms of decision-making process for the Czech Republic. Keywords: European union, Evropská unie, decision-making, unitary model, cooperative model, integration, European law,, power, rozhodování, unitární model, kooperativní model, integrace, evropské právo, pravomoc Pages: 105-133 Volume: 2012 Issue: 2 Year: 2012 File-URL: http://www.vse.cz/se/download.php?jnl=se&pdf=6.pdf File-URL: http://www.vse.cz/se/6 File-Format: text/html Handle: RePEc:prg:jnlsev:v:2012:y:2012:i:2:id:6:p:105-133 X-File-Ref: http://www.vse.cz/RePEc/prg/jnlsev/references/6 Template-Type: ReDIF-Article 1.0 Author-Name: Jan Vavrečka Author-Name: Petr Štěpánek Title: Fully Harmonized EU Law and Regulation of Advertising Abstract: 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 at lower levels, which in this context may be a little bit decadent. Keywords: harmonization, harmonizace, advertising, regulation, definition of advertising, EU law, reklama, regulace, definice reklamy, právo EU Pages: 135-145 Volume: 2012 Issue: 2 Year: 2012 File-URL: http://www.vse.cz/se/download.php?jnl=se&pdf=7.pdf File-URL: http://www.vse.cz/se/7 File-Format: text/html Handle: RePEc:prg:jnlsev:v:2012:y:2012:i:2:id:7:p:135-145 X-File-Ref: http://www.vse.cz/RePEc/prg/jnlsev/references/7 Template-Type: ReDIF-Article 1.0 Author-Name: Tomáš Šťastný Title: European and German insolvency law with focus on cross-border proceedings, COMI and international competence Abstract: 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. Keywords: insolvency proceedings, bankruptcy, insolvency administrator, main bankruptcy proceedings, secondarybankruptcy proceedings, insolvenčné konanie, konkurz, insolvenčný správca, hlavné úpadkové konanie, vedlajšie úpadkové konanie Pages: 147-166 Volume: 2012 Issue: 2 Year: 2012 File-URL: http://www.vse.cz/se/download.php?jnl=se&pdf=8.pdf File-URL: http://www.vse.cz/se/8 File-Format: text/html Handle: RePEc:prg:jnlsev:v:2012:y:2012:i:2:id:8:p:147-166 X-File-Ref: http://www.vse.cz/RePEc/prg/jnlsev/references/8