scholarly journals The EU Rule of Law Initiative Towards the Western Balkans

2020 ◽  
Author(s):  
Andi Hoxhaj
Keyword(s):  
Rule Of Law ◽  
Green Light ◽  
Time Frame ◽  
Organised Crime ◽  
Western Balkans ◽  
Serbia And Montenegro ◽  
The Rule Of Law ◽  
Depth Analysis ◽  
Enlargement Strategy ◽  
The Eu

AbstractThe EU adopted a new enlargement strategy for the Western Balkans countries in 2018, provided a time frame for Serbia and Montenegro potentially to join the Union by 2025, and outlined the next steps for accession for Albania, Bosnia and Herzegovina, Kosovo, and North Macedonia. In March 2020, the EU gave the green light to the opening of accession talks with North Macedonia and Albania, and also introduced a new reformed ‘accession talks’ framework. The strengthening of the rule of law, fighting corruption and organised crime are the cornerstones of the EU-Western Balkans strategy of 2018 and the new accession talks framework of 2020. This article examines the latest enlargement policy developments in 2018–2020 by conceptualising how the EU promotes the rule of law in the Western Balkans thorough its new enlargement policy package. Furthermore, the article offers an in-depth analysis of the case of Albania, where the EU has experimented with some of its latest enlargement-policy ideas in regard to the rule of law. The article also offers some proposals and insights on how the EU rule of law initiative of 2018 can be improved, in order to become more transformative in strengthening the rule of law in countries of the Western Balkans.

scholarly journals New EU Enlargement Strategy Towards the Western Balkans and Its Impact on Rule of Law

2021 ◽  
Vol 1 ◽  
pp. 37-58
Author(s):  
Marina Matić Bošković ◽  
Jelena Kostić
Keyword(s):  
Rule Of Law ◽  
Eu Enlargement ◽  
Fundamental Rights ◽  
Western Balkans ◽  
New Approach ◽  
The Rule Of Law ◽  
Balkan Countries ◽  
Accession Countries ◽  
Enlargement Strategy ◽  
The Eu

The rule of law is incorporated in the EU Founding Treaties and case-law of the Court of Justice of the EU and was included as a key requirement already in 1993 Copenhagen accession criteria. The EU enlargement is not only territorial increase, but also transposition of EU acquis to third countries. Since 1993, the monitoring mechanism of the rule of law reform in the EU accession countries was enhanced, including two specific negotiation chapters, Chapter 23 – judiciary and fundamental rights and Chapter 24 – justice, freedom and security. Over the last two decades, the EU was struggling to develop an adequate mechanism in this area, from mechanism for coordination and verification, to action plans for Chapter 23, to more specific tools like perception and experience surveys of the judiciary and functional reviews. Due to the challenges to measure progress and track record in the rule of law, in February 2020 the European Commission presented the new approach to EU Enlargement that aims to push reforms forward. The intention is to make the accession negotiations more credible, predictable and dynamic and criteria for assessing reforms in the accession countries will be based on the clearer criteria and more concise EU requirements. The article examines how EU enlargement policies influenced the rule of law reforms in Western Balkan countries over the years and what could be expected from the new approach. The research hypothesis is based on the correlation between Enlargement strategy towards the Western Balkans and its impact on rule of law in countries of the mentioned region. The methodological approach applied in the assessment is based on analysis of Enlargement strategy and other EU and national documents, as well as results of the work of judicial institutions in order to provide insight into the bottlenecks of the state rule of law in Western Balkan countries and enable identification of recommendations for improvement. The authors concluded that the new methodology would improve the measurability of the achieved results in the rule of law area, however, the approach might slow down the accession process of Serbia and Montenegro as a frontrunners in the process.

The Impact of covid-19 Measures on the Rule of Law in the Western Balkans and the Increase of Authoritarianism

2021 ◽  
pp. 1-33
Author(s):  
Andi Hoxhaj ◽  
Fabian Zhilla
Keyword(s):  
Civil Society ◽  
Comparative Analysis ◽  
Bosnia And Herzegovina ◽  
Rule Of Law ◽  
Western Balkans ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
State Capture ◽  
The Impact ◽  
The Eu

Abstract This article offers a comparative analysis of the covid-19 legal measures and model of governance adopted in the Western Balkans countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo) and its impact on the state of the rule of law, and ability of parliament and civil society to scrutinise government decisions. The article assesses the governments’ approaches to introducing and enforcing covid-19 legal measures, and shows examples of how covid-19 has exposed more openly the weaknesses in the existing system of checks and balances in the Western Balkans. The article offers new insights into how covid-19 presented a new opportunity for leaders in the Western Balkans to implement further their authoritarian model of governance in undermining the rule of law. This article offers suggestions on how the EU could respond, through its accession conditionality instruments and civil society, to redirect this trend towards more state capture.

Part I General Questions, 4 The EU and the Fight against Organised Crime

2016 ◽  
Author(s):  
Hecker Bernd
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
Justice System ◽  
Criminal Policy ◽  
Organised Crime ◽  
Acquis Communautaire ◽  
Effective Prevention ◽  
The Rule Of Law ◽  
European Criminal Law ◽  
The Eu

The effective prevention of and the fight against all types of transnational organised crime (TOC) has been one of the biggest challenges to the criminal policy of the EU for decades. In this connection, the EU and its member states are facing the task of striking an equitable balance between the interest in ensuring an effective criminal justice system on one hand, and the protection of civil rights that the rule of law offers on the other. On the basis of the EU strategies and programmes to create an area of freedom, security, and justice, this chapter retraces the development of European criminal law in relation to TOC. It shows that the acquis communautaire now attained comprises a multiplicity of legal instruments aiming at the protection of European society and its economies from organised crime.

THE EUROPEANIZATION OF THE WESTERN BALKANS, STRENGTENING THE RULE OF LAW AND FIGHTING THE CORRUPTION

2020 ◽  
Vol 12 (3) ◽  
pp. 89-108
Author(s):  
Goran Trailov
Keyword(s):  
Rule Of Law ◽  
Western Balkans ◽  
Broad Area ◽  
Serbia And Montenegro ◽  
The Rule Of Law ◽  
Current State

The aim of this paper is to give an overview on how did Europeanization affect the field of the rule of law in the countries of WBs. However, the rule of law is a very broad area, made out of many subareas in the EU’s eyes (as it is in general), and tackling all of them would be too broad and for some periods even too complicated. Their analyzing would definitely exceed the maximum allowed number of pages for this paper. This paper, alongside a very brief overview of the field of the rule of law in WBs countries, will also focus more closely on the fight against the corruption, and in order to make it even more narrow, the emphasis will be on the two current EU candidate WBs countries, Serbia and Montenegro. The results presented in the concluding remarks are somewhat expected given the history and the current state of the two case countries, as well as the WBs overall. The still much needed reform in the field of the rule of law, and specifically in fighting the corruption is a must for these countries.

scholarly journals Challenges and Perspectives of the EU Accession Policy — a Reflection on Criminal Law

Lex Russica ◽  
2020 ◽  
pp. 143-147
Author(s):  
M. Zekić
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Political Life ◽  
The European Union ◽  
Western Balkans ◽  
The Rule Of Law ◽  
Accession Process ◽  
The Republic ◽  
The Moment ◽  
The Eu

Should we join the European Union or not? The European Union is not some imaginative goal to be pursued. It requires and offers concrete solutions. At the same time, it seeks out and establishes values and obligations to be fulfilled and inserted in a concrete political life. These obligations and values are universal and it is up to each state to assess whether the acceptance and realization of those interests and values is in its own interest. It should be borne in mind that the legal state and the rule of law, respect for human rights and freedoms, a market economy with developed social policy, fight against corruption and terrorism and many other values that the European Union stands for are essential to every democratic society and exactly these values are a goal that every human being strives for. Eurasian integration is also in favor of these values, but instead of ultimatum and conditioning, they offer a more flexible negotiation method.It is indisputable, at the moment, that in the region of the Western Balkans, the Republic of Serbia is at the back line of the European integration process. It has entered these processes as the last interested state, but in addition it constantly faces major internal problems and insufficient understanding, as well as new conditions that are constantly being set for its accession. If we add the fact that the decrease of the interest of citizens to join the European Union is currently being noticed, it is clear why the question of who to approach is becoming actualized. One of the goals of the reforms undertaken in the accession process is the harmonization of internal regulations with Communitarian Law. In doing so, it should be borne in mind that total harmonization is almost impossible.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

scholarly journals Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States?

2020 ◽  
pp. 1-22
Author(s):  
Aida TORRES PÉREZ
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Scope Of Application ◽  
Judicial Protection ◽  
Eu Fundamental Rights ◽  
The Eu

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.

Russia and EU Countries: Partnership for Modernization

2013 ◽  
pp. 54-61
Author(s):  
T. Romanova ◽  
E. Pavlova
Keyword(s):  
Rule Of Law ◽  
New Classification ◽  
Member States ◽  
The Rule Of Law ◽  
Normative Power ◽  
Eu Member States ◽  
The World ◽  
The Difference ◽  
The Eu

The article examines how the normative power, which the EU puts forward as an ideological basis of its actions in the world, manifests itself in the national partnerships for modernization between Russia and EU member states. The authors demonstrate the influence of the EU’s normativity on its approach to modernization as well as the difference in the positions of its member countries. It is concluded that there is no unity in the EU’s approach to democracy, human rights and the rule of law, and the new classification of EU member states, which is based on their readiness to act in accordance with the Union’s concept of normative power, is offered.

Sign in / Sign up

Export Citation Format

Share Document