Polish Political Science Yearbook

23-35

Authors: Joanna Kulska

Recognition that societies will not be able to build a future as long as they do not face the ‘demons of the past’ has become a kind of universal truth over the last decades of the 20th Century (Gibney et al., 2008, p. 1). This view, though challenging and ambiguous, is reflected in the globally present attempts to improve or rebuild relations within and between different communities at the domestic and international level. The question concerning, on the one hand, the essence and most essential elements and, on the other hand, the instruments and the limitations of rebuilding relations, as well as the political implications of those processes have become the broad area of interest and the discourse leading to significantly different ideas and solutions. The article aims at presenting differ- ent approaches referring to dealing with the conflicted and traumatized past both at the domestic and international level. Some selected instruments and methods which enable movement from a divided past towards a common future are dis- cussed namely the strategy of engagement with the past versus the strategy of avoidance of the past. The special attention is paid to the notion of reconciliation understood as a process of rebuilding of relations through the multi-dimensional transformation of former adversaries after the period of violence and repression.

55-70

Authors: Agnieszka Szpak

Transitional justice is resorted to within the framework of transition from armed conflict to peace and from authoritarian regimes to the democratic ones. To reach the aims of transitional justice and to better integrate the needs and perspectives of the indigenous peoples that very often are victims of serious human rights violations in the transitional context, as well as the colonisation context, indigenous instruments of justice may be utilised. As such they may be treated as complementary to other transitional justice mechanisms. The article aims to find a new perspective on the complementary role of the indigenous justice and the State justice systems within the framework of transitional justice as well as to take into account the indigenous peoples’ needs and customs. The overall aim of the paper is to answer the question whether it is desirable for such indigenous justice instruments to complement the State justice systems through a better integration of the needs and customs of indigenous peoples. In the con- cluding remarks, a model of complementarity model of transitional justice that includes indigenous instruments will be proposed.

87-104

Authors: Renata Podgórzańska

Nowadays, the common denominator of involvement of the East- Central Europe in the international arena, and above all, the premise determin- ing community of interest expressed in the European Union is the migration crisis. Despite the different circumstances of activity in the context of the migra- tion crisis, states in the region express similar opinions on the consequences of immigration for security in the region. Above all, they emphasise the implica- tions of immigration for the internal security of states. Given the complex na- ture of migration, this article focuses on the phenomenon of immigration in the EU, determining the causes of the escalation of the influx of immigrants and, above all, identifying the consequences for the security of states of East-Central Europe.

118-131

Authors: Jarosław Piątek

Privatisation of security did not appear in the process of revolution. Under conditions of deepening international relations, as well as integration and globalisation processes, security of the state, as well as other entities, is subject to a number of dependencies. The article casts some doubt on how much states are prepared to take such actions, while not losing the attribute of monopoly on violence. Moreover, the article presents doubts about the ranks of modern armed forces. Private Military Firms (PMFs) are new actors the actions of which affect the security. The contemporary image of the PMF functioning is a phenomenon on a global scale. In the twenty-first century, small businesses can have a huge impact on the reality and international affairs. Leaving military firms without state control proves that they do not understand the dynamics, range, risks and challenges posed by cooperation with entities that are allowed to use force. Fur- thermore, despite devastating consequences that occurred during the state stabi- lisation operations, these firms continued to outsource services to contractors, while not creating any legal control over them.

150-171

Authors: Michał Lubina

In 2017 statistics showed that Chinese Foreign Direct Investments (FDI) in Poland for 2016 amounted for a more than half of all Chinese FDI in Poland for the 2000–2016. Yet the overall amount of Chinese FDI re- mains modest in comparison with Western Europe or even with Hungary. De- spite much proclaimed Sino-Polish rapprochement in 2015–2016 and high hopes for OBOR/BRI initiative in Poland, cooperation with China has not been a breakthrough for Poland in terms of economic results. There have not been ground-breaking Sino-Polish projects and Polish government’s desire to strengthen ties with China loosened in late 2016/early 2017 (though it may revive now).There are several reasons for that, from the perception of Poland as non-attractive for majority Chinese investments, via lack of overall Polish strat- egy of attracting these investors to discrepancies of economic interests between Poland and China.

190-204

Authors: Maciej Herbut, Renata Kunert-Milcarz

While the scope of the paper is to assess the actions undertaken by the European Union towards the FSU-CIS (Former Soviet Union, Commonwealth of Independent States) which was manifested through the Eastern Partnership Initiative in the years 2008–2014, the focus will be centred on theoretical con- cepts and their ‘explanatory power’ rather than actions undertaken by European or Russian decision makers. Taking that under account, this essay will critically assess the explanatory power of the neorealist school of thought which although overtly criticized, still remains a viable tool in explaining the processes occurring in international relations.

227-246

Authors: Jerzy Jaskiernia

The author analyses the dynamics of the Polish party system in the light of the outcomes of the parliamentary elections in the Third Republic of Poland (since 1989). He exposes especially the last element of that evolution – the 2015 parliamentary election. It resulted with the victory of Law and Justice (PiS) party. For the first time in the history of democratic Poland, the victor was able to cre- ate government without having to negotiate with coalition partners. The success of PiS seems to be a result of the combination of several factors. It would be mistaken to portray an emerging situation as a simple rightist win. PiS to some extent represents a social attitudes, typical for the socialist (social-democratic) parties, with some part of program including a populist message, but with the combination of conservative approach to several issues and nationalistic stand on perception of patriotic mood. Important meaning have a support of PiS by the Catholic Church, especially in the grass-roots level. The victory of PiS and form- ing of the majority government have an important meaning for the functioning of the political parties’ system in Poland. For the first time since 1989 there were not balancing of power situation which the coalition governments has brings about. The political parties, creating the opposition in parliament, must offer a new strategy of behaviour in such circumstances, especially dealing with chal- lenging the PiS policy to compromise a democratic system based on the 1997 Constitution, e.g. division of power, position of the Constitutional Tribunal and functioning of the judiciary.

265-270

Authors: Natalia Roślik

In the very beginning of this particular paper an author is trying to determine and describe who Millennials actually are. Then, basis on Millennials definition is analysing corporation’s activity over the past years regarding this age group. Main goal of thesis is to bring their specific futures out and describe what corporations on polish job market are doing to encourage them to work in theirs offices. Especially in Poland within the last years, it is observed that big multi- national companies are paying special attention to Millennials and trying to hire them before competitors will do so. As a part of this paper an author will describe corporate politics and practices on Thomson Reuters and BNY Mellon examples. Within this work an author is also discussing on key features and differences between this generation and Millennials parent’s generation. Additionally there is reference to corporate social responsibility concept and work-life balance issues.

276-281

Authors: Tomasz Lachowski

The Łódź PPSY International Seminar Transitional Justice: Between Redemption and Retribution. Łódź (June 6, 2017), University of Łódź, Professor Czesław Mojsiewicz International Cooperation Fund and the Editorial Board of the Polish Political Science Yearbook

289-297

Authors: Andrzej Paweł Śledź

The paper is a methodological review essay of Michael Bernhard and Jan Kubik’s comparative study of politics of memory and commemoration in seventeen Central and Eastern European states twenty years after the fall of state socialism. The goal of the essay is to critically examine Bernhard and Kubik’s vol- ume, with a particular focus on the comparative methods they applied to explain how some political and cultural factors at the time of the collapse of commu- nism affected a memory regime in the post-communist democracies. This analysis critically examines four aspects of the study, being: the central theoretical as- sumptions and contribution in comparative and memory politics; case selection; methodology and data analysis; main findings. Each part includes a summary of the particular aspect of the book, the main strengths and weaknesses, and possible improvements. The review essay emphasis is particularly novel and innovative comparative methodology in studying politics of memory and its universality, suggesting, however, severe problems with a lack of clear and consistent discourse analysis methodology which could affect the quality of final results.

303-307

Authors: Robert Borkowski

Book Review: Wolfgang Sofsky, Ustrój terroru: obóz koncentracyjny. Warszawa: Żydowski Instytut Historyczny im. Emanuela Ringelbluma 2016 (pp. 383). ISBN 978–83–65254–21–4. Price: PLN 49.00.

312-314

Authors: Joanna Rak

Book Review: Adam Wielomski, W poszukiwaniu Katechona: Teologia polityczna Carla Schmitta. Warszawa: Wydawnictwo Von Borowiecky 2016 (pp. 472). ISBN: 978–83–60748–92–3. Price: PLN 54.90.

30–39

Authors: Joanna Świątkowska

The paper aims to analyse how information warfare can be conducted in cyberspace and to look at this issue from the perspective of Central and Eastern European Countries. It argues that this form of hostile actions will be increasingly utilized in the region. The main assumption, following Alvin Toffler’s theory, is that “information” – as an increasingly important element of modern societies and as their strategic resource – also serves as a significant tool of modern conflicts. Since information is nowadays strongly related to new technologies, mainly the aspects connected to cybersecurity are analysed. The article looks closer at different aspects of cyberthreats and explains their possible consequences. It may serve as good material for further research and recommendations on countermeasures that may increase security in Europe.

63–73

Authors: Hanna Wiczanowska

The current EU migration and asylum policy crisis has been perceived to constitute one of the most serious challenges for European security. The attitude of fear and reluctance towards admission of cultural others (including: refugees, asylum seekers and the immigrants) has been particularly visible in the V4 countries. The aim of this paper is therefore to examine the grounds of such a position with reference to general European tendencies as well as specific features of attitudes of Poland and Slovakia as the representatives of V4 countries in the light of their particular economic and social situation. Due to volume limitations the author will focus mainly on the two presented States. The decision regarding choice of Poland arises from the fact that as the only V4 State it has voted in favour of the mandatory quota of relocation of 120.000 refugees. Instead Slovakia constitutes the most vivid example pro-European parties changing rhetoric for more national which is quite transparent for the V4 countries. The whole analysis has been conducted in the specific context of relocation of the symbolic division of Europe an replacement of ideological Iron Curtain with cultural Velvet Curtain which leads to the phenomenon of culturalisation.

91–101

Authors: Anna Kuleszewicz

This paper aims to explain that the stable situation of Belarus is important for Western Europe and why any fluctuations may present a challenge for European integrity and stability. Belarus, since the beginning of its independence in 1991 seems to show a great willingness to cooperate closely with Russia, claiming Western Europe and NATO as a potential enemy. In reality, the Belarusian position is much more complicated and ambiguous. Despite it’s close military cooperation with Russia, different tensions between Minsk and Moscow regularly happen and Belarusian authorities are still looking for new foreign partners and new energy suppliers (what was clearly visible in the last months of 2016 and the first period of 2017). Russia, old Belarusian partner, may actually even pose a threat for Belarus, so the country’s authorities have a hard challenge to maintain its stability. Western countries may be open for a new chapter of cooperation with Minsk but any rapid changes in Belarusian foreign preferences may result in unpredictable results and Moscow reaction that – in turn – would be very challenging for the whole European stability and security.

121–137

Authors: Michał Piechowicz

The Amsterdam Treaty has established the Area of Freedom, Security and Justice (AFSJ). Since then, it is an example of a policy-making area creating its way quickly and comprehensively. However, in this paper the main dilemma is to what extent the Schengen development has modified the framework of AFSJ and how it adapts in this policy while being an example of enhanced cooperation and differentiated integration model. Developments in this area are part of a realisation that European states need to act together to better face new challenges to peace and internal security, while ensuring respect for democracy and human rights. It is important to add, that cooperation in the Area of Freedom Security and Justice has been driven by forces different from that seen in other policy areas.

153–167

Authors: Sabina Grabowska

The paper aims to introduce the concept of constitutional liability of the President, and the institutions of the President’s constitutional liability. The author presents the liability and its relations with other types of head of state’s liabilities. The presented analysis includes all European countries.

186–198

Authors: Małgorzata Babula

Nowadays peace became scarce. Expanding conflicts, terrorist attacks and the uncertainty so common to today's times put in question the value that was won after many years of war. The Constitution is free from regulations treating directly about peace. There are only few references to it. Perhaps, peace is a luxury for which we have to fight, and neither a right that must be protected nor freedom which we can/should use. Maybe it is not supposed to be talked about the right to peace, but about some kind of a privilege. Therefore, it would be necessary to admit, that there is a mistake done already in the subject of this paper. This area seems also to be interesting especially, when moving the optics and focusing on the actions and declarations of heads of states while implementing the common political objectives that are at odds with objectives of other/opposite countries. The word war is used like a substitute for terms ‘peace, freedom and prosperity’, or even worse, like a way to it.

221–238

Authors: Michał Lubina

This article deals with public, political discourse over One Belt One Road (OBOR) initiative in Poland. OBOR has recently become very popular in Poland as it encapsulates the noticeable fascination on China and on geopolitics among parts of Polish society. This article describes this phenomenon and delaminates the mainstream political discourse over OBOR into two main strands: great geopolitical and/or geoeconomic chance (pro-OBOR discourse) and security threat (anti-OBOR). The advocates of the former see the project as a great geopolitical and economic opportunity for Poland; the supporters of the latter find it a threat to Polish security and/or economic interests. This discourse echoes internal divisions within current Polish government on its China policy and can be observed against the background of China’s dynamic enter to Central and Eastern Europe, particularly to Czech Republic, Hungary and Serbia.

256–268

Authors: Bartosz Pietrzyk

Midrash, a Polish social and cultural profile magazine (published since April 1997), is a monthly journal that is a representative of the so-called ‘minor press’. The magazine is connected with the Midrash Library publishing house. Its founder was Konstanty Gebert and the current editor is Piotr Paziński. The articles of Midrash magazine give answers to such questions as: How are women described and treated in modern patriarchal Judaism culture? In what context is it possible to talk about issues connected with women and Zionism. Midrash magazine also deals with a positive interpretation and presentation of women via the multitude of interviews and articles concerning strong, talented, and determined women. Despite their hard lives these women were and are able to create successful careers and wonderful families. Their voices are an important element in discussions that refer to culture, faith, and historical heritage. The image of the woman as presented by Midrash will be confronted with the cultural recognition of the woman in the Jewish community. This article will use quantitative analysis (the linguistic method and literature studies) with help from the qualitative case study research method.

281–293

Authors: Joanna Rak

After 2008, European governments undertook austerity measures to come out of the global financial crisis. The policies were imposed to reduce the states’ debts and deficits, increase their economic competitiveness, and restore business confidence. Inevitably, the results of their implementation were socially noticeable and triggered the occurrence of new social movements which became a powerful player on a political scene. In some states, the stakeholders of anti-austerity movements used physical political violence while in the other they settled for mental. The article introduces findings of the comparative study on the relationships between patterns of culture of political violence and intrastate, regional, and colonial explaining factors. By applying statistical analysis, it tests empirically Negussay Ayele’s explanatory model of militant culture of political violence for a theory-verification purpose. As a result, it makes a contribution to the structure of explanation encompassing the particular configurations of indicators.

315–327

Authors: Robert Bartko

During the codification of the new Hungarian Criminal Code, the Hungarian Legislator passed amendment of several criminal offences. Among other criminal offences, this rethinking concerned the regulation of acts of terrorism. The number of terrorist offences relating to illegal migration has increased in the past few years in the territory of the European Union, therefore the attitude of the Member States – including Hungary, as well – has changed with reference to the statutory definition of the acts of terrorism. The connection between irregular border crossings and terrorism was recognized by the European Union. Terrorist offences have proved the vulnerability of the European Union and the democratic, rule-of-law States. Furthermore, the last few years have also clearly proved that Europe cannot cope with the influx of refugees set out for the Western Europe from various parts of the world. In this respect, illegal migration cannot be only a tool, but also a catalyst for terrorist offences. It means that case conflicts and violent affairs are caused by the migration, and the illegal entry and the integration of terrorists are supported by migratory networks at the same time. In 2015 and 2016, the European Union experienced a massive number of casualties caused by terrorist attacks. The most affected Member State was France. It had to cope with attacks which caused 148 citizens’ death and more than 350 people injured only in January and November 2015 (TE-SAT 2016, p. 5.). For the abovementioned recognition, many regulations (included but not limited to the Fundamental Law of Hungary, the Hungarian Criminal Code and the Act on Criminal Procedure) were passed in 2016 by the Hungarian legislator in order to stop illegal migration and to strengthen the fight against the new forms of terrorism. In the context of the present paper, the Act LXIX of 2016, which came into force on 17 July 2016, is of importance. Not only the General Part, but also the Special Part of the Hungarian Criminal Code was amended by the above Act. However, many new rules may be challenged from the perspective of the rule of law and the European commitments of Hungary. The aim of the paper is to describe the new regulations regarding the Hungarian statutory definition of acts of terrorism, and to analyse them within the Hungarian criminal legal frame and the abovementioned European requirements. Therefore, the characteristic of the paper will be the analytical method with the aim of creating de lege ferenda proposals for the Hungarian legislator, as well. In our paper, we are going to deal with the new European directive, as well, which will replace the Council Framework Decision 2002/475/JHA and will amend the Council Decision 2005/671/JHA from 20 April 2017.

337–340

Authors: Joanna Siekiera

The paper reports the ninth International Conference of the Sejm of the Republic of Poland Systems of Protection of Human Rights in Europe and in Australia & Oceania; Universal’s Context – Regional’s Specific – Implementations’ Conditioning which took place in Warsaw on April 24-25, 2017. It was organised on the occasion of the 60th anniversary of the Rome Treaties, 25th anniversary of signing the Treaty of European Union and 30th anniversary of establishment of the Australian Human Rights Commission. Jan Kochanowski University in Kielce along with the Polish Parliamentary Association gathered academics, politicians, diplomats and lawyers to discuss human rights in Europe and Oceania.