The eu’s Pathological Power: The Failure of External Rule of Law Promotion in South Eastern Europe

2015 ◽  
Vol 39 (3) ◽  
pp. 318-346 ◽  
Author(s):  
Martin Mendelski
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Qualitative Interviews ◽  
International Standards ◽  
The European Union ◽  
Pathological Effect ◽  
The Rule Of Law ◽  
South Eastern ◽  
European Court ◽  
South Eastern Europe

What impact does the European Union (eu) have on the development of the rule of law in South Eastern Europe (see)? The author of this article argues and shows that the eu has: 1) a positively reinforcing (healthy) effect with regard to judicial capacity and substantive legality, i.e. the alignment of domestic legislation with international standards, and 2) a negatively reinforcing (pathological) effect with regard to judicial impartiality and formal legality (the inner morality of law). The author explains the pathological impact of eu-driven rule of law reforms by referring to the eu’s deficient reform approach and to unfavorable domestic conditions, which in their interplay reinforce certain reform pathologies (legal instability, incoherence, politicization) that undermine the rule of law. The main argument is supported by a mixed method study. A quantitative indicator-based analysis measures rule of law development across four key dimensions on the basis of a variety of data (e.g. survey-based indicators, cepej data, and a unique dataset on legislative output). Additionally, the author draws on a number of qualitative interviews that he conducted with magistrates from see and representatives from the eu, the European Court of Human Rights, and the Council of Europe. The author concludes from these findings that external rule of law promotion in weak rule of law countries is not transformative, but rather reinforces systemic deficiencies that undermine the rule of law.

scholarly journals Europeanization and the Rule of Law: Towards a Pathological Turn

2016 ◽  
Vol 40 (3) ◽  
pp. 346-384 ◽  
Author(s):  
Martin Mendelski
Keyword(s):  
Eastern Europe ◽  
Rule Of Law ◽  
Change Agents ◽  
Policy Advice ◽  
Law Reform ◽  
The Rule Of Law ◽  
South Eastern ◽  
Recent Scholarship ◽  
South Eastern Europe ◽  
The Creation

Recent scholarship has exposed the “eu’s pathological power”, which has undermined the creation of the rule of law in South Eastern Europe (see) and beyond. This paper discusses the “pathological turn” in Europeanization studies by identifying and providing evidence for several “pathologies of Europeanization”, i.e. legal and political deficiencies related to rule of law reform, such as legal instability, lack of generality and enforcement, and increased politicization. These pathologies result, among others, from a deficient approach of the eu to rule of law promotion and assessment. In particular, the author highlights three main fundamental problems of Europeanization in the area of the rule of law: 1) valuing quantity over quality; 2) partisan empowerment of domestic change agents; and 3) biased assessment of the rule of law. These problematic issues are further clarified on selected country examples of reform failure from see and the 2012 “rule of law crisis” in Romania. It is argued that given the eu’s inability to objectively assess and effectively promote the rule of law, the eu should either abstain from evaluating rule of law or radically revise its approach and methodology, for instance by following the policy advice provided in this paper.

STUDYING THE HISTORY OF THE BALKANS / SOUTH-EASTERN EUROPE: RESEARCH TASKS AND PROBLEM FORMULATION

2021 ◽  
pp. 7-21
Author(s):  
Sergei Romanenko ◽  
Keyword(s):  
Eastern Europe ◽  
Problem Formulation ◽  
The European Union ◽  
Western Balkans ◽  
Interstate Relations ◽  
The Balkans ◽  
South Eastern ◽  
European Culture ◽  
South Eastern Europe ◽  
The Relationship

The new issue of the journal «Current Problems of Europe» opens with the problem-oriented article, dedicated to the analysis of the state of the Balkans / South-Eastern Europe region and its development in 2000-2020. The author gives a systemic description of the processes taking place in the intra-national and international intra-regional political, social and economic development of the countries of the region, and the problems generated by them. The changes are associated with a difficult transition phase, experienced by the states of the region, for the most part belonging to the post-socialist world (Bulgaria, Romania, Slovenia, Croatia, Bosnia and Herzegovina, Serbia, Montenegro, North Macedonia, Kosovo and Albania). The exceptions are Greece, Turkey and Cyprus, however, these three states are also going through a difficult period in their history, associated with new problems both in interstate relations within this triangle, and in relations with NATO and the EU, as well as with Russia. The article discusses the specifics of translating the terms «people» and «national» into Russian, as well as the toponym Kosovo (Serb.) / Kosova (Alb.), and ethnonyms «Bošnjak» and «bosanac». The first part of the issue contains articles devoted to general problems of regional studies: the relationship between the terms Eastern Europe, Central Europe, South-Eastern Europe, Balkans, Western Balkans; comparative and political science subjects; the role of the European Union and China in the development of the region; the relationship of national Serbian, post-Yugoslavian and European culture and intellectual heritage as well. The second part of the issue examines the relations of the Balkan states with the states of Central and Eastern Europe (Czech Republic, Romania, Belarus), as well as the specifics of their development in the post-socialist period. Thus, there is the possibility of a multilateral - historical, political and cultural, as well as comparative analysis of the development of this complex region, which is of great importance for international relations worldwide.

The EU's Transformative Power in Albania

2022 ◽  
pp. 229-243
Author(s):  
Lutjona Lula
Keyword(s):  
European Union ◽  
Eastern Europe ◽  
Green Light ◽  
The European Union ◽  
Western Balkans ◽  
Transformative Power ◽  
Political Actors ◽  
South Eastern ◽  
South Eastern Europe ◽  
Accession Process

South-Eastern Europe has always been a vital region with continuous socio-political changes. After the fall of communism and the wars that accompanied the disintegration of Yugoslavia, countries in the region turned towards the European Union. Upon signing the SAA, the countries of the Western Balkans, such as Albania, have had a green light to move forward in the EU's pre-accession process. As Albania works toward membership, how do domestic political actors in Albania (not) change their with agendas according to EU requirements? This chapter will address the puzzle of the transformative power of EU's conditionality in main political parties in Albania.

Infringement Procedure in the European Union. The importance of the preliminary procedure

2021 ◽  
Vol 65 (04) ◽  
pp. 144-146
Author(s):  
Sevil Əliheydər qızı Dəmirli ◽  
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
European Court Of Justice ◽  
European Law ◽  
The European Union ◽  
Important Place ◽  
The Rule Of Law ◽  
Judicial Practice ◽  
Court Of Justice ◽  
European Court

Judicial practice formed in the practice of the European Court of Justice belongs to the category of the main sources of law of European law. This practice was the source of law referred to by all Member States and their respective judicial authorities. The article discusses the important place of the preliminary proceedings in the case of violation of the contract by the Court. In practice, the proper conduct of preliminary proceedings shows that court time is used effectively in many disputes. This reflects the European Court's exceptional legal role in ensuring the rule of law and its direct force. The article can be used by university students, teachers, lawyers, researchers, European legal scholars and other practitioners Key words: contract violation, the preliminary proceedings, procedure, European Comission, European Court of Justice

Perpetual Transitions

2011 ◽  
Vol 26 (2) ◽  
pp. 340-361 ◽  
Author(s):  
Alina Mungiu-Pippidi ◽  
Laura Stefan
Keyword(s):  
Human Rights ◽  
Eastern Europe ◽  
Western Balkans ◽  
South Eastern ◽  
European Court ◽  
Balkan Countries ◽  
South Eastern Europe ◽  
The Eu ◽  
Property Restitution

This article studies comparatively the property restitution policies of Eastern and Western Balkan countries, focusing mostly on internal and external constraints to a permanent solution. The role of the European Court of Human Rights is analyzed in depth, as well as the subtle shift of policy of the EU institutions from the earlier Eastern Balkan accession to the Western Balkans one. While the situation of property restitution in South-Eastern Europe provides clear evidence that Europeanization helps transformation, particularly if the EU openly assumes the role of a transformation agent, it also highlights the limits of its power.

scholarly journals The rule of law and the EU’s response mechanisms in case of violation: a Romanian Case Study

ERA Forum ◽  
2021 ◽  
Author(s):  
Horatius Dumbrava
Keyword(s):  
European Union ◽  
European Commission ◽  
Rule Of Law ◽  
European Court Of Justice ◽  
Judicial Reform ◽  
The European Union ◽  
The Rule Of Law ◽  
Court Of Justice ◽  
European Court

AbstractThe judgment of the European Court of Justice of 18 May 2021 obliges Romania to review the judicial reform of 2017 – 2019. Otherwise the European Commission may activate the safeguard mechanisms provided by Arts. 37 and 38 of the Treaty of Accession of Romania to the European Union.The jurisprudence of the Court of Justice in all preliminary rulings relating to this Romanian judicial reform will have effects and will be an essential benchmark regarding the mechanisms established by the European Commission for all Member States relating to the rule of law - namely, the Rule of Law Mechanism and Regulation no. 2020/2092.

scholarly journals European union mission for the rule of law in Kosovo

2011 ◽  
Vol 1 (2) ◽  
Author(s):  
Dr.Sc. Bejtush Gashi
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Security Council ◽  
Security Policy ◽  
International Standards ◽  
The European Union ◽  
Single Chain ◽  
The Rule Of Law ◽  
Un Security Council ◽  
Foreign And Security Policy

Here we have studied the international circumstances that have affected the deployment of the EULEX Mission in Kosovo. The EULEX mission is the European Union Mission for the Rule of Law in Kosovo. Its main goal is to advise, assist and support the Kosovo authorities in issues of the rule of law, especially in the field of police, judiciary and customs performance. Also this mission has the responsibility to develop and further strengthen the independent multi-ethnic justice system in Kosovo, by ensuring that the rule of law institutions are not politically influenced and that they meet the known international standards and best European practices. This mission was foreseen to be deployed to Kosovo, based on the Ahtissari Comprehensive Status Proposal for Kosovo, but due to its non-approval by the UN Security Council, its full implementation was delayed until December 2008. EULEX acts within the framework of Resolution 1244 of the UN Security Council and under a single chain of command in Brussels. EULEX officials have supported Kosovo Police, the Judiciary system and Kosovo Customs, through MMA actions for achieving objectives and goals that are foreseen by the program strategy of EULEX. But in terms of efficiency, EULEX has only achieved modest results. In the northern part of Kosovo, EULEX has failed, as a result of its ambivalent mandate and incoherence of EU Foreign and Security Policy.

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