European ‘Dis-integration’ in Bosnia and Herzegovina: A Critical Reflection on Legal, Administrative and Political Obstacles Affecting the Approximation of Chapters 23 and 24 of theAcquis Communautaire

2013 ◽  
Vol 21 (1) ◽  
pp. 103-117
Author(s):  
Marco Roccia
Keyword(s):  
Best Practices ◽  
European Integration ◽  
Bosnia And Herzegovina ◽  
Fundamental Rights ◽  
Approximation Process ◽  
Domestic Legislation ◽  
Local Officials ◽  
European Standards ◽  
Administrative Structures ◽  
The Eu

Several pieces of legislation have been enacted with a view to regulating the European integration process in Bosnia and Herzegovina. A plethora of bodies are in charge for approximating the EUacquis. However, the stabilisation and association process in the field of justice related matters has not proceeded as planned due to the existence of at least four legislatures for the Justice Sector and 14 Ministries of Justice (MoJs) whose competences and tasks are not well delineated. This article focuses on the specific issues affecting the transposition of Chapters 23 (Judiciary and fundamental rights) and 24 (Justice, freedom and security) of the EUacquis. Based on the analysis of existing legislation and administrative structures and meetings with local officials and foreign donors, the author argues how, for an effective legal approximation process, a review of the current allocation of competences among State, Entities, Brčko District and canton level cannot wait. After drawing comparisons with regional best practices in the field of European integration and illustrating the complex constitutional framework of the country, the administrative and legislative obstacles characterising the approximation of domestic legislation with European standards in the field of Justice and Home affairs are explained. The author concludes by offering a set of solutions to overcome the current situation.

PROSPECTS OF ADAPTATION OF UKRAINIAN LEGISLATION ON ADVOCACY TO EUROPEAN STANDARDS

2017 ◽  
Author(s):  
Oleksandr Shandula ◽  
◽  
Tetiana Bulykina ◽  
Keyword(s):  
European Integration ◽  
Legal Protection ◽  
International Standards ◽  
Main Program ◽  
Highly Qualified ◽  
European Experience ◽  
Domestic Legislation ◽  
Legitimate Interests ◽  
European Standards ◽  
The Eu

The article examines the current domestic legislation on advocacy and advocacy, establishes the level of its compliance with European and international standards. The Constitution of Ukraine declares the desire of our people to build a democratic, social, legal state. However, achieving this goal is impossible without a qualitative reform of the legal system of the country, which, unfortunately, still retains the echoes of Soviet law. Especially important is creating and functioning of the system of bodies capable of ensuring human rights, freedoms and legitimate interests by providing highly qualified legal assistance. In modern civilized democracies, a necessary factor in the system of legal protection of a person, the rights and freedoms is the advocacy. It represents a specialized institute for this humane mission. Given the European integration sentiments of our state, further reform of the legal profession in Ukraine should take into account the positive world and European experience. Adaptation of the current domestic legislation to the EU legislation, including in the field of advocacy, is one of the priority areas of the state, which determines the relevance of the research topic. Based on the study of the Strategy for the Reform of the Judiciary, Judiciary and Related Legal Institutions for 2015-2020, as the main program document for the reform of the avocacy in Ukraine, steps have been taken to implement it. Further prospects for the development of the bar in Ukraine in accordance with the European integration direction of the country are proposed.

Solidarity and European Union Politics

2019 ◽  
Author(s):  
Andreas Grimmel
Keyword(s):  
European Union ◽  
European Integration ◽  
Political Science ◽  
Subject Matter ◽  
Fundamental Rights ◽  
Central Value ◽  
Charter Of Fundamental Rights ◽  
Common Understanding ◽  
Over Time ◽  
The Eu

Solidarity is one of most contentious and contested concepts in European Union (EU) politics. At the same time, it was, and remains, a central value of European integration that has been more and more institutionalized over time. The numerous codifications in the EU treaties and the Charter of Fundamental Rights, along with the increasingly frequent references to the value in political declarations and decisions, prove the value’s growing significance. Yet, there also exists a fundamental divide between rhetorical commitments to solidarity and the practice of the EU and its member states. The most recent crises of the EU have shown the instrumentality and strategic use of the concept in order to promote particular political positions rather than work toward a more common understanding of European solidarity. This makes the application of solidarity in the EU a question not just of arriving at definitional clarity, but also of developing practices that reflect solidarity in concrete cases. Such practices are inextricably linked with three grounds for action: voluntariness, selflessness, and identification. Despite, or precisely because of, these difficulties in defining, concertizing, and implementing solidarity as a European value, there is a rising interest in solidarity in various fields of studies, such as political science, sociology, philosophy, law, and history, making it an interdisciplinary and multidimensional subject matter.

Domestic Infringements of the Rule of Law as a European Union Problem

2018 ◽  
Vol 64 (4) ◽  
pp. 552-560 ◽  
Author(s):  
Marek Safjan
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
Communist System ◽  
Domestic Legislation ◽  
Charter Of Fundamental Rights ◽  
New Type ◽  
The One ◽  
The Eu

In some countries of central Europe the rule of law is directly threatened by a new type of legislation based on the zeal of the political majority to establish a completely different political system than the one that was built after the collapse of the communist system. From that perspective, there is little place for the principle of separation of powers and the independence of the judiciary is threatened. This contribution discusses the multilevel dimension of the rule of law principle in the EU, issues in the context of the disrespect for the rule of law as a case of systemic deficiencies, followed by a brief discussion of the Copenhagen accession criteria. The article concludes that the rule of law principle as recognised under EU law is by no means of a merely symbolic nature, and that domestic legislation abolishing key safeguards of the rule of law can be scrutinized not only under the EU Charter of fundamental rights, where applicable, but also under the TEU. Without the solidarity of all Europeans, however, the preservation of our basic values and the future of the EU are in serious danger.

scholarly journals Developments in family reunification cases before the CJEU

2019 ◽  
Vol 3 (2) ◽  
pp. 6-17
Author(s):  
Réka Friedery
Keyword(s):  
Family Life ◽  
Case Law ◽  
Family Reunification ◽  
Fundamental Rights ◽  
Eu Directive ◽  
Council Directive ◽  
Charter Of Fundamental Rights ◽  
European Standards ◽  
The Right ◽  
The Eu

Family reunification is defined by primary and secondary EU law and by the case law of the CJEU. The cornerstones are the Charter of Fundamental Rights encompasses the principle of the respect of family life and the fundamental European standards for family reunification of third-state nationals are based in the Council Directive on the Right to Family Reunification. The EU directive explicitly confirms among others that family reunification is a necessary way of making family life possible. The article analyses the way the jurisdiction of the CJEU widens the notion of family reunification and how it offers more realistic picture for the growing importance of family reunification.

The Dayton Agreement and social reform: Omne principium difficile est

SEER ◽  
2021 ◽  
Vol 24 (1) ◽  
pp. 121-134
Author(s):  
Željko Mirjanić ◽  
Marko Šukalo
Keyword(s):  
Bosnia And Herzegovina ◽  
Social Reform ◽  
Constitutional Court ◽  
Labour Law ◽  
Domestic Legislation ◽  
Dayton Agreement ◽  
The Eu

The Dayton Agreement rests on the principle of establishing a self-sustaining system that respects the multinational and multiconfessional structure of the population of Bosnia and Herzegovina, composed of entities with independent constitutive, legislative, executive and judicial functions. The organisation and functioning of the constitutionally-determined institutions of power in BiH is based on the constituent nature of the nations, enclosed in amendments to the entity constitutions made after the 2000 Decision of the Constitutional Court on the Constituency of Peoples, which regulate representation and the manner of the protection of the interests of the peoples. This article proceeds from the point that vital discussion on constitutional regulation is leading to a marginalisation of the discussion on harmonising domestic legislation with the EU acquis, conditio sine qua non in terms of fulfilling the requirements of the Stabilisation and Accession Agreement, not least in the area of labour law, and gaining admission to the EU. Above all, society is only changed through reform in which - panta rei - everything flows.

The question of an alternative to the EU membership of Bosnia and Herzegovina

2020 ◽  
Vol 4 ◽  
pp. 169-181 ◽  
Author(s):  
Muamer Hirkić
Keyword(s):  
European Union ◽  
European Integration ◽  
Bosnia And Herzegovina ◽  
Computer Assisted ◽  
The European Union ◽  
Development Models ◽  
Eu Membership ◽  
Western Balkan Region ◽  
Balkan Region ◽  
The Eu

In a recent survey conducted by the Directorate for European Integration in Bosnia and Herzegovina, it appears that 43.6% of respondents believe that there is an alternative to the European Union (EU) membership. The survey was conducted by using the Computer-assisted telephone interviewing (CATI) method, on a sample that is representative for the entire country. Therefore, this article will explore the possibility of pursuing foreign policy that is geared towards several geopolitical centres and implications for the country. Primarily, this refers to alternative development models offered by international actors such as China, Russia, Turkey and Saudi Arabia. Although the EU often emphasises commitment to the Western Balkan region, both internal and external processes are becoming heavily politicised. In this regard, the author will also attempt to examine some of these processes and the main stakeholders (both in Bosnia and Herzegovina and the European Union), who could stall the future European integration.

The Freedom to Conduct a Business in the EU, Its Limitations and Its Role in the European Legal Order: A New Engine for Deeper and Stronger Economic, Social, and Political Integration

2013 ◽  
Vol 14 (9) ◽  
pp. 1867-1888 ◽  
Author(s):  
Andrea Usai
Keyword(s):  
European Union ◽  
European Integration ◽  
Social Economic ◽  
Legal Order ◽  
Fundamental Rights ◽  
Political Integration ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
The Eu

This paper examines the role and importance of the freedom to conduct a business enshrined in Article 16 of the Charter of Fundamental Rights of the European Union (CFR). With the entry into force of the Lisbon Treaty, the CFR became legally binding, gaining the same legal value as the Treaties. It will be argued here that Article 16 CFR, which recognizes the right to economic initiative, can be an important force for European integration by acting as a new engine of European social, economic, and political integration. That said, Article 16 should be read bearing its limitations in mind.

scholarly journals Judicial Passivism at the European Court of Justice?

2019 ◽  
Vol 60 (2) ◽  
pp. 127-154
Author(s):  
Ernő Várnay
Keyword(s):  
European Union ◽  
European Integration ◽  
Path Dependence ◽  
National Court ◽  
Fundamental Rights ◽  
Sufficient Information ◽  
Preliminary Ruling ◽  
The European Union ◽  
Court Of Justice ◽  
The Eu

AbstractAccording to the generally accepted understanding, judicial activism arises when a court behaves improperly, straying beyond the limits of the judicial function and acting like a legislature.It is convincing that in the great majority of the cases the Court of Justice of the European Union fulfils the roles assigned to it by the founding treaties of the European Union without any excess, but there are decisions which may be characterized as activist, be they necessary or useful for the proper functioning of the European legal system, and there are decisions (refusing or avoiding to decide) which may be qualified as manifestations of judicial passivism.Judicial passivism is defined in the narrow sense of the term, i.e., when the court clearly refuses or avoids to decide the case before it, or does not answer the question legitimately referred to it. In the jurisprudence of the CJEU, such cases arise when the Court systematically waits for the withdrawal of the action, exceeds the reasonable time of the proceedings, or does not answer the question raised in the preliminary ruling procedure by the national court. The inadmissibility of questions referred by national courts may be perceived as passivism when the qualification of ‘not a court or tribunal’ in the sense of Article 267 TFEU is questionable, or when the scope of the EU Charter of Fundamental Rights is defined too narrowly. Cases may arise – at least in theory – in which the Court, while it would be in a position to act, defers the question to the EU or the Member State’s legislator or to the national judge to decide, with the not entirely convincing qualification of the act under scrutiny in annulment proceedings as ‘not an act for the Article 263 TFEU’. The label ‘judicial passivism in a broad sense of the term’ is used when the Court sticks to its position in a questionable manner (conservatism as passivism), steps back from its earlier position, narrowing the scope of EU law expressly or implicitly overruling its former decision, or it introduces new conditions with the same result (retreat).It has been demonstrated that the Court systematically opposed the Member States, the Commission and the parties in the main proceedings, arguing in favour of inadmissibility of referrals for preliminary questions − the Court avoided, in a large number of cases, the temptation of judicial passivism. On the other hand, the Court’s increased rigour in the preliminary ruling procedures is detectable in recent years. The Court took a less benevolent approach towards the qualification of the referring body as ‘court or tribunal’; the questions proved to be ‘hypothetical’ more often than before, and more importantly, the lack of sufficient information regarding the factual and regulatory context led more easily to inadmissibility.The driving forces behind the passivism of the Courts of the European Union are the ‘reasonableness’ of the judiciary in a time of crisis of the European integration, self-defence against the overburden of case-law and against unnecessary pressure from the public, in order to maintain the health of the management of justice and a certain ‘path-dependence’ as far as the traditional theoretical foundations of European integration are concerned.

The role of national courts between EU obligations and national standards of protection of fundamental rights

2018 ◽  
Vol 9 (2) ◽  
pp. 216-228 ◽  
Author(s):  
Annalisa Lucifora
Keyword(s):  
Criminal Law ◽  
Fundamental Rights ◽  
National Standards ◽  
Eu Law ◽  
Criminal Cases ◽  
National Courts ◽  
Domestic Legislation ◽  
The Relationship ◽  
The Eu

This article focuses on the role of national courts in the implementation of the EU legal system. Since Simmenthal and Costa v. E.N.E.L., these courts are called upon, as part of their duty of sincere cooperation, to ensure the full application of EU law in all Member States and to protect the rights which that law confers on individuals. The duty to set aside conflicting provisions may be problematic in criminal cases. The issue has recently been put in the spotlight again by the Taricco case, which shows how the removal of an inconsistency between domestic legislation and EU law could sometimes lead to an infringement of constitutional criminal law principles. The Taricco case also calls into question the relationship between the primacy of EU law and the protection of fundamental rights.

Influence of european integration processes on social and economic convergence of regions in Ukraine-Eu cross-border space

2018 ◽  
Vol 6 (2(13)) ◽  
pp. 147-160
Author(s):  
Khrystyna Prytula ◽  
Olha Demedyuk ◽  
Yaroslava Kalat
Keyword(s):  
European Integration ◽  
Association Agreement ◽  
Border Regions ◽  
Cross Border ◽  
Self Development ◽  
Social And Economic Development ◽  
European Standards ◽  
Political Association ◽  
The Impact ◽  
The Eu

Having declared the course towards European integration and having signed the EU-Ukraine Association Agreement, Ukraine has made concrete commitments on improving the life of its citizens. It pledges to achieve the level of EU countries’ system of public administration, when the residents’ rights are protected, they have more chances for self-development and are more confident in future. The way to this goal goes through domestic reforms, elimination of corruption, adaptation of European standards, economic integration and political association with the EU. The impact of European integration is already visible in some spheres of country’s activity, mainly in institutional and legislative fields, foreign economic activity of both the country and its border regions and implementation of European instruments in the sphere of cross-border cooperation. However, it is going to take time to observe the influence of European integration on social and economic development of Ukraine and its regions.

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