The european union policy of combating the drug turnover

Autore:Magdalena Sitek
Pagine:419-436
 
ESTRATTO GRATUITO
419
MAGDALENA SITEK*
THE EUROPEAN UNION POLICY
OF COMBATING THE DRUG TURNOVER
1. Drug abuse and the human rights – pros and cons of the European
integration
The long awaited European integration has been considerably
accomplished. The indicators of the new reality became the currency
union and the economic union. For the need to create the new European
space there were cancelled the state and customs boarders. That enabled
to introduce four basic rights, i.e. free flow of people, capital, services
and goods. Nowadays, it is difficult to imagine the Europe from the past,
when it was divided by the boarders. In this way the former conflicts
were expired on the borderlands of France and Germany, Poland and
Germany, Spain and France. The single market was created, which
enables the better fight with the unemployment, poverty or the other
social problems1.
However, if something sometimes seems to be enormously useful, it
has also its disadvantages. Cancellation of boarders made it easier to
expand the organized crime. There are known some examples of
transferring the mafia groups from one country to the other, particularly
the Italian and Russian mafias. It is easier to hide the economic crime and
the offences against the consumers. There are some numerous cases of
avoiding paying the owing taxes and the insurance premiums by the large
nets of shops and restaurants. There is the mechanism used here to
permanent transformation of the legal structure of the organization, at
preserving the economic uniformity of the firm. The old firm with the
debts declares a bankrupt, while the new one is born instead, which
overtakes the assets of the failed firm, but without the indebtedness,
chiefly in relation to the Treasury2.
* Università di Varmia e Masuria ad Olsztyn.
1 See. Z.M. DOLIWA-KLEPACKI, Integracja Europejska. Łcznie z uczestnictwem
Polski w EU i konstytucj dla Europy, Białystok 2005, p. 105 .
2 The present legal status in Poland does not allow to differentiate the national and
foreign subjects, as far as it concerns paying taxes. Therefore, everybody is obliged to
bring in the income taxes. Such an attitude we can find in the answer of the under –
secretary in the Ministry of Treasury – by procuration of the minister – asked by the
deputy K. Borkowski no. 4900 concerning the amount of the tax revenues from the
particular subjects. The deputy claims that the foreign subjects avoid paying taxes.
420
Cancellation of the borders simplifies making the numerous offences
against the human being. The number of the cases of white slavery
increased, chiefly the women and children trade. It appeared the new
phenomenon of the slavery, chiefly in relation of the field works, which
the numerous examples we observed in Italy and Spain3.
Moreover, the economic crisis of one of the states has its serious
influence not only on the economy of the neighboring countries, but also
on the whole European Union. Nowadays the European Union is
struggling with huge financial troubles in Greece , and it is possible that
in the nearest future the same can happen in much more bigger countries,
such as Spain or Portugal. Functioning within the framework of the single
market, on the one hand helps to fight with the economic crisis in the
individual member states or the regions, but on the other hand, it can
destabilize the economy in the whole Union.
The subject of this paper is another negative phenomenon, namely the
drug abuse, which has intensified to a large extend because of cancelling the
borders in Europe. In particularly we take into consideration growing the
drugs, their trade, illegal possessing, using, export and import. The
phenomenon of drug abuse can be seen from different points of view, as for
example sociological, psychological, biological or legal.
The phenomenon of drug abuse is multiaspect and because of this, it is
the subject of numerous scientific and popular - science dissertations. There
are some well known authors who write about the problems associated with
drug abuse, for example Cekiera4, Juszczynski5 and Tatala6.
By virtue of the subject of this paper, we mostly take into
consideration combating the demand and supply of the drugs within the
European Union because there is the need to protect the fundamental
human rights, chiefly the health and life. The discussion is being
continued about the need to protect the people addicted to drugs, the
potential drugs purchasers. Such the activities are undoubted7. However,
Despite the conclusive answer of the Ministry, it is impossible to negate the statement of
the representative. See:
http://www.podatki.biz/sn_autoryzacja/logowanie.php5/artykuly/14_8874.htm?idDz
ialu=14&idArtykulu=8874 [11 V 2010].
3 Zob. F. DAMMACCO, La criminalità orgniazzata, il traffico di esseri umani e nuove forme
di schiavitù, [w:] G. DAMMACCO, B. SITEK, O. CABAJ, Człowiek pomidzy prawem a ekonomi w
procesie integracji europejskiej, Olsztyn-Bari 2008, p. 691.
4 Cz. CEKIERA, I NIEWIADOMSKA, Profilaktyka uzalenie drog wolnoci człowieka,
Lublin 2001.
5 Z. JUSZCZYLSKI, Narkomania. Podrcznik dla nauczycieli, Warszawa 2002.
6 M. TATALA, K. KOVCIELECKI (red.), Rozwój osób uzalenionych w procesie
zdrowienia, Zakroczym 2022.
7 Such an attitude towards the threats connected with taking the drugs was presented
by the lecturers during the conference organized by the Parliamentary Commission of

Per continuare a leggere

RICHIEDI UNA PROVA