Europeanization of General Administrative Procedure in Serbia

2021 ◽  
Vol 46 (2) ◽  
pp. 153-178
Author(s):  
Marko Davinić ◽  
Vuk Cucić
Keyword(s):  
European Union ◽  
Adoption Process ◽  
Legal Systems ◽  
The European Union ◽  
Acquis Communautaire ◽  
Administrative Procedure ◽  
The Future ◽  
Western Balkan Region ◽  
Balkan Region ◽  
The One

Abstract Serbia (as well as other countries of the Western Balkan region) recently adopted the new General Administrative Procedure Act (gapa). The drafting and adoption process was strongly influenced by the European Union and its experts from the sigma organization. The paper first analyzes the novelties introduced and improvements made under European influence. The authors then go on to analyze deficiencies of European influence in the drafting process. Two main shortcomings thereof were the false deregulation and debureaucratization of gapa and the ‘one-size-fits-all’ approach applied in all the countries of the Western Balkan region, in spite of inherent differences in their legal systems. The purpose of the criticism given in the paper is to avoid the same issues in the future, during the process of harmonization of Serbian law with the acquis communautaire.

German Policy towards EU Enlargement

2015 ◽  
pp. 18-22
Author(s):  
F. Basov
Keyword(s):  
European Union ◽  
Developed Countries ◽  
Eu Enlargement ◽  
The European Union ◽  
Western Balkans ◽  
Eastern Partnership ◽  
Western Balkan Region ◽  
Balkan Region ◽  
The Stability ◽  
The Eu

This article is dedicated to the German policy towards the EU enlargement. Its history as well as the current German policy towards prospective enlargements are analyzed in this paper. The article offers party-political and sociological analysis of Germany`s attitude towards the EU enlargement, also the reasons for it are determined. FRG supported all of the European Community and European Union enlargements. This line is being continued, but nowadays only step to step approach is being supported. Germany‘s motives to the EU enlargement are based on the liberal concept of the common security. The main goals of this policy are the including of European countries into the Western community of developed countries (the EU), the extension of the stability and security area. The economic integration is also very important for Germany. The key priority of the EU enlargement is the Western Balkan region (the so called “Europeanisation” of Western Balkans). This process is being supported by political elites of the region and by the European Union itself. It is recognized, that the Europeanisation of Western Balkans was used as a sample for the Eastern Partnership Program. Without consideration of the Russian factor, though, this strategy towards the post-Soviet countries has many weaknesses. But the EU-membership for the Eastern Partnership members is not excluded.

Of Apples and Mangoes

2018 ◽  
pp. 3-20
Author(s):  
Philipp Dann ◽  
Maxim Bönnemann ◽  
Tanja Herklotz
Keyword(s):  
European Union ◽  
Legal System ◽  
The Other ◽  
Legal Systems ◽  
The European Union ◽  
Legal Research ◽  
The One

Discussing several methods of comparative legal research and emphasizing upon the point that the two or more systems to be compared should not either be so similar that there is nothing for the one to learn from the other, nor should they be so dissimilar that there is no relationship whatsoever between them. Following this principle, this chapter finds that there is enough similarity as well as dissimilarity between the Indian legal system and the legal system of the European Union. Acknowledging that fact, the chapter then proceeds to compare some of the aspects of European and Indian legal systems from which both of them may benefit.

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.

scholarly journals The European Union and Brexit Dilemma – A very British Problem?

2019 ◽  
Vol 2 (1) ◽  
pp. 24-37
Author(s):  
Annegret Engel
Keyword(s):  
European Union ◽  
International Law ◽  
Legal Issues ◽  
The European Union ◽  
The Future ◽  
Legal Uncertainty ◽  
The One ◽  
Article 50 ◽  
The Uk ◽  
The Eu

This paper discusses the key legal issues arising from the constitutional conceptions of both the EU and the UK in the latter’s withdrawal process. It argues that the adherent Brexit dilemma is mainly the result of the UK’s non-codified constitution on the one hand, exposing legal uncertainty over institutional procedures, regional involvement, or the precise status of international law. Nevertheless, the EU’s composition of the withdrawal process as defined in Article 50 TEU has also caused confusion during the negotiations of the withdrawal agreement, the future EU-UK relationship, as well as the possibility of revocation. Due to its unprecedented nature, the several uncertainties and flaws inherent in this case have consumed valuable time and resources which could have otherwise been used more efficiently in order to ensure a smooth and orderly departure from the EU.

scholarly journals Characteristics of Precedent: The Case Law of the European Court of Justice in Three Dimensions

2015 ◽  
Vol 16 (5) ◽  
pp. 1073-1098 ◽  
Author(s):  
Mattias Derlén ◽  
Johan Lindholm
Keyword(s):  
European Union ◽  
Case Law ◽  
Three Dimensions ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
European Court ◽  
Number Of Factors ◽  
The One

AbstractThe case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law's role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case—type of action, actors involved, and area of law—and, on the other hand, the judgment's “embeddedness” in previous case law and value as a precedent in subsequent cases. Using this approach, we test, confirm, and debunk existing scholarship concerning the role of CJEU case law as a source of EU law. We offer the following conclusions: that CJEU case law cannot be treated as a single entity; that only a limited number of factors reliably affect a judgment's persuasive or precedential power; that the Court's use of its own case law as a source of law is particularly limited in successful infringement proceedings; that case law is particularly important in preliminary references—especially those concerning fundamental freedoms and competition law; and that initiating Member State and the number of observations affects the behavior of the Court.

scholarly journals Sustainability in the European Union: Analyzing the Discourse of the European Green Deal

2021 ◽  
Vol 14 (2) ◽  
pp. 80
Author(s):  
Eva Eckert ◽  
Oleksandra Kovalevska
Keyword(s):  
European Union ◽  
European Commission ◽  
Critical Discourse Analysis ◽  
Political Institutions ◽  
Main Question ◽  
The European Union ◽  
International Media ◽  
Institutional Power ◽  
The One ◽  
The Eu

In the European Union, the concern for sustainability has been legitimized by its politically and ecologically motivated discourse disseminated through recent policies of the European Commission and the local as well as international media. In the article, we question the very meaning of sustainability and examine the European Green Deal, the major political document issued by the EC in 2019. The main question pursued in the study is whether expectations verbalized in the Green Deal’s plans, programs, strategies, and developments hold up to the scrutiny of critical discourse analysis. We compare the Green Deal’s treatment of sustainability to how sustainability is presented in environmental and social science scholarship and point out that research, on the one hand, and the politically motivated discourse, on the other, do not correlate and often actually contradict each other. We conclude that sustainability discourse and its keywords, lexicon, and phraseology have become a channel through which political institutions in the EU such as the European Commission sideline crucial environmental issues and endorse their own presence. The Green Deal discourse shapes political and institutional power of the Commission and the EU.

Instituting Europe: Germany, the Union, and the Legacy of the Short Century

2001 ◽  
Vol 19 (2) ◽  
pp. 1-21
Author(s):  
Michael Werz
Keyword(s):  
European Union ◽  
Democratic Legitimacy ◽  
Social Changes ◽  
The European Union ◽  
Institutional Reforms ◽  
Crucial Question ◽  
The Social ◽  
The Future ◽  
The Moment ◽  
Federal Structure

Recent debates about the future of the European Union have focusedin large part on institutional reforms, the deficit of democratic legitimacy,and the problem of economic and agrarian policies. As importantas these issues may be, the most crucial question at the momentis not whether Europe will prevail as a union of nations or as a thoroughlyintegrated federal structure. What is of much greater concernis the fact that political structures and their corresponding politicaldiscourses have lagged far behind the social changes occurring inEuropean societies. The pivotal transformation of 1989 has not beengrasped intellectually or politically, even though its results areincreasingly visible in both the east and west.

The Berlin Process. Bringing the Western Balkan Region Closer to the European Union

Südosteuropa ◽  
2020 ◽  
Vol 68 (1) ◽  
pp. 1-24
Author(s):  
Christina Griessler
Keyword(s):  
European Union ◽  
Eu Enlargement ◽  
The Political ◽  
The European Union ◽  
Western Balkans ◽  
Political Activities ◽  
New Energy ◽  
Western Balkan Region ◽  
Slow Progress ◽  
Proactive Measures

AbstractFor the countries of the Western Balkans, the path to membership in the European Union (EU) has been particularly tortuous. Its slow progress has created frustration among applicant countries. In 2014 Germany, stepping into the political void that had formed, inaugurated what has come to be known as the Berlin Process, an initiative aimed at injecting new energy into the dormant EU enlargement process. The author examines the political activities initiated between 2014 and 2019, analysing the official documentation of the Berlin Process along with publications such as policy papers and media commentaries. She concludes that although meaningful and proactive measures have been taken, such efforts have not been successful in persuading or enabling the Western Balkan states to implement the political and economic reforms required for EU accession.

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