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.

scholarly journals Electoral process in Africa: The impact of COVID-19 and challenges for the EU

European View ◽  
2020 ◽  
Vol 19 (2) ◽  
pp. 212-221
Author(s):  
Héla Slim
Keyword(s):  
Foreign Policy ◽  
Rule Of Law ◽  
African Union ◽  
Electoral Process ◽  
The Rule Of Law ◽  
Eu Foreign Policy ◽  
Considerable Impact ◽  
The Impact ◽  
The Eu

The COVID-19 pandemic is having a considerable impact on global economic and intercontinental geopolitical relations, and is thus significantly reshaping our world. The coronavirus crisis is also affecting democracy and the electoral process in Africa, with important implications for the rule of law, democracy and security. While 2020 started as a pivotal year for African Union–EU relations, the coronavirus has disrupted the agenda and raises questions about the repercussions of the pandemic on not only EU foreign policy but also cooperation between the two continents.

scholarly journals The vicious circle of corrosive capital, authoritarian tendencies and state capture in the Western Balkans

2020 ◽  
Vol 15 (2) ◽  
pp. 167-198
Author(s):  
Tena Prelec
Keyword(s):  
Cold War ◽  
United Arab Emirates ◽  
Rule Of Law ◽  
Secondary Data ◽  
Vicious Circle ◽  
Western Balkans ◽  
Policy Makers ◽  
The Rule Of Law ◽  
War Narrative ◽  
State Capture

The presence of 'non-Western actors' in the Western Balkans has recently attracted the attention of policy-makers and academics alike, with the rise in prominence of non-EU countries coinciding with the weakening power of accession conditionality. While this trend was initially discussed in the context of a 'new Cold War' narrative, evidence-based research soon showed that this engagement is underpinned by particularistic interests at the top and 'corrosive capital'. The governance dimension is therefore essential in understanding the ties existing between the Balkan countries and the non-Western actors. Making use of primary and secondary data, this article compares the modus operandi of two non-EU actors in the region: Russia and the United Arab Emirates. It is argued that non-transparent business deals can stimulate a normative shift in the Western Balkans' political leadership away from pursuing the rule of law, and towards an authoritarian turn, while strengthening small circles of self-serving elites, at the expense of the citizenry at large. This is conceptualised as a 'vicious circle' of illiberalism and state capture, as viewed through the lens of corrosive capital.

scholarly journals REGARDING TO THE ANALYSIS OF THE CONCEPT OF LAND-RELATED CORRUPTION

2020 ◽  
pp. 110-113
Author(s):  
A. V. Sira
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Land Reform ◽  
Working Group ◽  
Land Market ◽  
The Rule Of Law ◽  
Land Relations ◽  
Definition Of ◽  
Established Order ◽  
The Eu

The article analyzes the definition and formation of the essence of the category of “offenses related to corruption in the field of land relations” both from the standpoint of different scientific views and the definition presented in the regulatory plane. It is said that Ukraine is currently facing a number of serious problems, including the fact that corruption-related offenses are pervasive. The presence of corruption is a significant threat to the rule of law, the development of democracy, and the formation of civil society. Against this backdrop, legal relations that are engulfed in corruption stand out as land relations, as they are of strategic importance to the state. This problem is being updated in connection with the implementation of land reform and the further implementation of the free land market. The importance of solving this problem for Ukraine is also underlined by the recommendations, which are the first priority measures in combating corruption in the land sphere, provided by the working group “Perspectives of cooperation between Ukraine and the EU in the field of justice, freedom and security” on combating corruption in the field of land relations, in the composition of land relations, which included 97 scientists, scientists and statesmen. It is advisable to consider the concept of “administrative offenses related to corruption in the field of land relations” in a stable, inseparable way with the definition of the term “corruption offenses”, which will allow us to get as close as possible to its essence. Namely, “administrative offense related to corruption in the land sphere” is, respectively, understood as the guilty, unlawful behavior of a subject that encroaches on the established order of management in the field related to land relations and for which administrative legislation provides for liability

scholarly journals Break or Bend in Case of Emergency?: Rule of Law and State of Emergency in European Public Health Administration

2019 ◽  
Vol 10 (4) ◽  
pp. 610-634 ◽  
Author(s):  
Filipe Brito BASTOS ◽  
Anniek DE RUIJTER
Keyword(s):  
Public Health ◽  
Rule Of Law ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Health Administration ◽  
The Rule Of Law ◽  
Public Health Emergencies ◽  
European Public ◽  
The Impact ◽  
The Eu

In this article, we ask what the impact is of the role of the EU administration in responding to emergencies in terms of (changes to) the rule of law. A response to an emergency in some cases creates exceptions to rule of law guarantees that bind the authorities to procedural rules and fundamental rights. These exceptions can become more permanent and even change the constitutional order of the EU. We articulate the legal framework for health emergencies, and discuss how the EU court has interpreted and developed this framework in two key decisions. We then ask whether this framework offers adequate safeguards for upholding the rule of law in cases of major health emergencies. We conclude that public health emergencies can bend and even break rule of law requirements for the EU administration, and advocate for more legal guidance on proportionality, which may offer better safeguards suited for protecting the rights of affected parties.

scholarly journals HOW FIRM ARE THE BONDS THAT TIE THE EU TOGETHER? EU RULE OF LAW CONDITIONALITY MECHANISM AND THE NEXT GENERATION EU RECOVERY FUND

2021 ◽  
Author(s):  
Maja Lukić Radović ◽  
Marija Vlajković
Keyword(s):  
Rule Of Law ◽  
Social Impact ◽  
Ad Hoc ◽  
Causal Link ◽  
Next Generation ◽  
Member States ◽  
Protection Mechanism ◽  
The Rule Of Law ◽  
The Impact ◽  
The Eu

The Covid-19 pandemic has generated a one-in-a-generation challenge upon the EU, consisting of immediate danger for life and health, savings and jobs of its citizens, as well as for the stability and proper functioning of political and legal systems of its Member States. The manner in which the EU as a whole reacted to such sudden and grave challenge is by no means indicative of its political and legal-constitutional substance, and, consequently, of its capacity to subsist in its present form or to develop further. The centrepiece of the Next Generation EU (NGEU) is the Recovery and Resilience Facility, which should help Member States address the economic and social impact of the COVID-19 pandemic. The establishment of the pandemic recovery fund may be regarded not only as an ad hoc measure, but also as a crucial milestone in the path to overcoming the disbalance between Union solidarity and national interests. However, the whole EU budget deal depended on the acceptance of the Rule of Law Mechanism by all Member States. In the first part, this paper will analyse the COVID-19 recovery fund compromise solution as it has been finally agreed. Firstly, we will try to determine the effectiveness of the conditionality mechanism, in the light of European Council Conclusions on the “interpretative declaration on the new Rule of Law Mechanism” and its legal effects. Secondly, we will tackle the issue of the enforcement of the Rule of Law protection mechanism, having in mind the causal link that should be detected, between the protection of the financial interests of the EU, with the non-respect of the EU values enshrined in the Article 2 TEU, by particular Member State(s). Consequently, we will try to envisage the impact of the implementation of this conditionality mechanism, taking into consideration which Member States, and EU citizens, would be “hit” hardest by it. In the second part of the paper an attempt shall be made to perceive the conditionality mechanism, tied to the recovery fund, from the perspective of the principle of solidarity. Ultimately, this paper will try to answer the following question: in view of the necessary shift of priorities and the need for urgent reaction to the COVID-19 crisis, is the common European answer, in view of the core values of the EU and the principle of solidarity, optimal, and above all, will it be effective?

scholarly journals ARTICLE 7 PROCESS AND DEMOCRATIC BACKSLIDING OF HUNGARY AND POLAND. DEMOCRACY AND THE RULE OF LAW

2020 ◽  
pp. 57-85
Author(s):  
Łukasz ZAMĘCKI ◽  
Viktor GLIED
Keyword(s):  
Rule Of Law ◽  
The Political ◽  
Eastern European ◽  
Council Of Europe ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
History Of ◽  
Eastern European Countries ◽  
First Time ◽  
The Eu

This paper examines developments in Poland following the 2015 elections and in Hungary since 2010, which included the gradual destruction of democratic institutions, challenges to the rule of law, as well as to the system of checks and balances. The authors consider the Ziblatt–Levitsky model (2018) as a meaningful framework for the analysis of the way in which the power structure was reshaped and have based their research on the classification set out in this model. Our objective is to present the political changes that took place in the two Central-Eastern-European countries during the last decade that resulted in the process under Article 7 being used for the first time in the history of the EU. The paper conclusion is that the path of de-democratization of Hungary and Poland is seen from the perspective of the EU and Council of Europe, as similar one. In actions taken toward both countries, the EU concerns mostly the principle of the rule of law.

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 EU Equality Law

2018 ◽  
Author(s):  
Elise Muir
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
Domestic Sphere ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Central Case ◽  
New Generation ◽  
The Impact ◽  
The Eu

In the early days, a choice was made not to entrust the EU with competences allowing it to protect against violations of fundamental rights per se. This task was placed in the hands of the Council of Europe. Although this choice has not been called into question, the EU has developed a broad range of instruments to respond to the impact of its activities on fundamental rights and a mechanism for surveillance of compliance with the rule of law. One trend that has been subject to little attention, and to which this book is devoted, is the exercise by the EU of a new generation of competences that allow for the development of tools explicitly designed to flesh out as well as to promote selected fundamental rights. The exercise of such competences, of which EU equality law as it has blossomed since the late 1990s is the most ancient example and therefore the central case study, triggers a number of constitutional questions. The sophisticated and powerful infrastructure of the EU legal order is thereby used to promote a given conception of a fundamental right, to define how it relates to others, and also to elaborate mechanisms for these approaches to permeate domestic legal cultures. This monograph explores the implications of this very symbolic and equally sensitive form of law-making. Particular attention is devoted to the complex relationship between primary and secondary law as well as to the importance of stimulating reflection on fundamental rights within the domestic sphere.

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