scholarly journals Mirroring transitional justice. Construction and impact of European Union ICTY-conditionality

Südosteuropa ◽  
2017 ◽  
Vol 65 (1) ◽  
Author(s):  
Niké Wentholt

AbstractThe European Union (EU) developed a state-building strategy for the aspiring member states in the Western Balkans. Demanding full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY), the EU made transitional justice part of the accession demands. Scholars have recently criticized the EU’s limited focus on retributive justice as opposed to restorative justice. This paper goes beyond such impact-orientated analyses by asking why the EU engaged with retributive transitional justice in the first place. The EU constructed ICTY-conditionality by mirroring its own post-Second World War experiences to the envisioned post-conflict trajectory of the Western Balkans. The EU therefore expected the court to contribute to reconciliation, democratization and the rule of law. Using Serbia as a case study, this article examines the conditionality’s context, specificities and discursive claims. Finally, it relates these findings to the agenda of a promising regional initiative prioritizing restorative justice (RECOM) and sheds new light on the impact of ICTY-conditionality on transitional justice in the Western Balkans.

2019 ◽  
Vol 71 (1) ◽  
pp. 26-49
Author(s):  
Maja Kovacevic

The European Union (EU) is a unique player in the Western Balkans, where it has employed a wide array of foreign policy instruments since the 1990s such as diplomacy, trade, financial assistance, civilian missions, military missions, and enlargement, which is the EU?s most successful foreign policy tool. The region is an inspiring case for studying the EU?s transformative power. The undeniable success of the EU?s Enlargement Policy in influencing transitions of Central and Eastern Europe countries has inspired research of the Europeanization, or the EU?s transformative power in relation to candidate countries, and its impact on their political and economic reforms during the accession process. Since then, the EU?s global transformative power has been in crisis. The European Neighbourhood Policy was reviewed in 2015, aiming not any more towards the transformation of neighbouring states, but rather at fostering their resilience. Similarly, the 2016 Global Strategy for the European Union?s Foreign and Security Policy set the principled pragmatism as a guideline. Moreover, the EU?s transformative power towards member states is questioned after two initiatives to trigger Article 7 TEU procedures against Poland and Hungary. What about the Europeanization of the Western Balkans? Despite the fact that the EU has been the main driver of change, the Europeanization of this post-conflict region has been slow. According to Freedom House, after substantial progress from 2004 to 2010, the Western Balkans has declined six years in a row, and its average Democracy Score in 2016 is the same as it was in 2004. With the exception of Albania, the scores of all countries are declining, not improving. The EU?s security-democratisation dilemma strongly affects its transformative power in the Western Balkans. By prioritising effective government rather than democratic governance, the EU has helped stabilise non-democratic and corrupt regimes rather than transforming them, legitimising Balkan "stabilitocrats".


2019 ◽  
Vol 17 (1) ◽  
Author(s):  
Haris Omerika ◽  
Mehmedalija Hadžović

One of the basic and strategic goals of post-war Bosnia and Herzegovina is a full membership in the European Union. During 1992-1995, Bosnia and Herzegovina has passed through one of the most difficult periods in its’ history. The war has completely devastated the economical structure and the aftermaths were visible in the following years. As a new paradigm, the European Union appears. The European Union has helped the Western Balkans countries to overcome national tensions and offered them a new perspective; new regional and european integrations should be a new, historical chance for them. In the light of this, the focus of this paper is the impact of trade liberalization between the European Union and Bosnia and Herzegovina on the export from Bosnia and Herzegovina to European Union. The above mentioned impact has been observed in the period of eleven years. The total export amount of Bosnia and Herzegovina in 2015 was 4,6 billion euros, while the amount of the import was 8,1 billion euros, which makes nearly 60% in favor of import. Traditionally, Bosnia and Herzegovina’s most important foreign trade partner is the European Union where Bosnia and Herzegovina has a deficit in foreign trade. The portion of export to EU during 2015 was 71,79% while the portion of import was 60,85%. The coverage of import over export was 66,89%. In the period of 2005-2015, most of the products have been placed to markets in Croatia, Germany, Italy, and Serbia, which is not the EU member. The process of trade liberalization in 2015 has resulted in surplus of trade with certain EU countries; Austria, Luxembourg and Estonia while the decrease in trade has been recorded with Germany, Slovenia and Czech Republic. Regarding the export, Bosnia and Herzegovina mailny places products which have labour-intensive character. In the econometrics analysis, extented gravitational models of trade have been placed. Besides the abovementioned, the following econometrical techinques have been used: panel data models (PD), fixed effecs models (RE) and panel corrected standard errors (PCSE). In addition, Hausman test has been applied. According to the analysis that has been carried out, the following has been concluded; InGDPi, InGDPj and InDISTij variables are statistically important on the level of 5% in the period of gradual liberalization. The SSP1 an EK variables are not siginificant.In the other moder, in the period of complete liberalization InGDPi, InGDPj and SSP2 variables have a significant impact on a dependent variable on a level of 5%. InDISTij and EK variables have a significant impact on a level od 5% as well. The above mentioned result confirm the research hypothesis; trade liberalization has a significant impact on the export of Bosnia and Herzegovina to the EU. The basic limit of this research can be a relatively short observation period, caused by the fact that the data of merchandise trade between Bosnia and Herzegovina and EU countries until 2005 are not accessible.


2017 ◽  
Vol 7 (1) ◽  
pp. 81-89
Author(s):  
Odeta Berberi

Abstract The present paper addresses the following questions: In what way have the European Union (EU) political conditionality affect minority rights in the Western Balkan (WB) region? Did the EU political conditionality on minority issues succeed in addressing the stateness problems in Croatia? With the term “impact” I mean the absorption of formal and informal rules, procedures, norms and practices and I am going to analyze the relation European Union/Western Balkans as unidirectional i.e. the transposing of EU rules on accession countries. In the first part of this work I will analyse the EU standard of minority rights (internal dimension) and compare it with the norm ‘content’ in its external dimension. In the second part, the EU approach concerning minority rights toward the WB region, will be explored. In order to do so I will analyse the Enlargement Strategy and Main Challenges produced by the European Commission (EC) from 2004. In the above document the EC emphasize the main challenges and set out the priorities for the whole region, considered as a single entity. In Western Balkans region we do have an example of recent accession. For this reason, the empirical analysis of this paper will focus on the pre-accession process of one of the new member states, Croatia. In the end I will draw some conclusions concerning the future prospects of the WB region concerning the EU conditionality and the real impact of minority right in the process.


2017 ◽  
pp. 114-127
Author(s):  
M. Klinova ◽  
E. Sidorova

The article deals with economic sanctions and their impact on the state and prospects of the neighboring partner economies - the European Union (EU) and Russia. It provides comparisons of current data with that of the year 2013 (before sanctions) to demonstrate the impact of sanctions on both sides. Despite the fact that Russia remains the EU’s key partner, it came out of the first three partners of the EU. The current economic recession is caused by different reasons, not only by sanctions. Both the EU and Russia have internal problems, which the sanctions confrontation only exacerbates. The article emphasizes the need for a speedy restoration of cooperation.


Author(s):  
Antoine Vandemoorteele

This article analyzes the role of the European Union (EU) and Canada in the promotion of Security Sector Reforms (SSR) activities in two regional organizations, the Organization for Security and Cooperation in Europe (OSCE) and the North Atlantic Treaty Organization (NATO). The concept of SSR seeks to address the effective governance of security in post-conflict environment by transforming the security institutions within a country in order for them to have more efficient, legitimate and democratic role in implementing security. Recent debates within the EU have led to the adoption of an SSR concept from the Council and a new strategy from the European Commission on the SSR activities. Within the framework of the ESDP, the EU has positioned itself as a leading actor, in this domain, including in its crisis management operations. On the other hand, Canada, through its whole-of government and human security programs has also been an important actor in the promotion of SSR activities. Yet, even though several international organizations (including the United Nations, the OSCE and NATO) are effectively doing SSR activities on the ground, there does not exist a common framework within any of these organizations despite the role of the EU and Canada. As such, it is surprising to found no global common policy for SSR while this approach is precisely holistic in its foundations. Taking these elements into consideration, this paper analyzes two specific aspects : a) the absence of a common policy framework within international organizations and b) the major differences between the approaches of the OSCE and NATO in the domain of SSR and the implications for the EU and Canada’ roles.   Full extt available at: https://doi.org/10.22215/rera.v3i2.186


Politeja ◽  
2020 ◽  
Vol 17 (3(66)) ◽  
pp. 157-169
Author(s):  
Wawrzyniec Banach

European Union towards Western Balkans in the Context of Migration Crisis 2015‑2019 The aim of the article is to analyse the actions taken by the European Union towards the Western Balkans in the context of the migration crisis. The study assumes that the migration crisis was an important factor accelerating the accession process of the Western Balkan countries to the European Union. In order to fulfil the research goal, an analysis of sources (European Union documents) was conducted. The paper uses elements of the theory of the regional security complex as a theoretical framework. Firstly, the activities of the European Union before the migration crisis are discussed. Next, the paper focuses on presenting the course of the crisis on the Western Balkan route. The further part of the study discusses the actions taken by the EU towards the countries of the Western Balkans in response to the migration crisis.


Equilibrium ◽  
2017 ◽  
Vol 12 (3) ◽  
Author(s):  
Michaela Stanickova

Research background: Economic crisis hit all the European Union Member States hard, with the impact of crisis varying considerably. The low growth performance in the EU has increased concerns regarding an increasing wage dispersion, income inequality at large, and social exclusion in line with poverty. Inequality should be seen as a cornerstone of both sustainable and inclusive growth under the Europe 2020 Strategy. Social inequality in the EU is a real problem, which hampers sustainable economic growth. Purpose of the article: The purpose of this study is to introduce evaluation of social development convergence and divergence trends between the EU Member States in the context of the Europe 2020 Strategy. The study gives an outline of the issues of the labour market and income disparities and poverty. Policymakers must be clear about what social objectives they are aiming to achieve, therefore special attention is paid to headline national goals of the Europe 2020 Strategy. Methods: The main task of this study is to assess social dimension and inequalities problems in the EU27 by applying Data Envelopment Analysis method, resp. time-series dynamic efficiency analysis in the form of output-oriented Malmquist Productivity Index. This study contains changes of key social equality indicators related to the Europe 2020 Strategy and compares objectives and general outlines of period 2010-2015, as well as the impact on national economics and living conditions. Findings & value added: Results contain elements of typology premises of the EU28 and point to a large diversity in inequality patterns, as the Author observes both increases and decreases in inequality at the EU level. Recent changes in social inequality have been associated with the business cycle, particularly with the accessibility of the labour market and, of course, with income inequality. Additionally, the development challenges are discussed for improvement of the socioeconomic well-being of the EU and to avoid social disparities.


2006 ◽  
Vol 51 (168) ◽  
pp. 49-72 ◽  
Author(s):  
Besim Culahovic

The European Union (EU) trade policy towards Western Balkan's countries (Albania, Bosnia-Herzegovina, Croatia, Serbia and Montenegro and the Republic of Macedonia) is one of the important tools of EU's integration strategy. The exports from the Western Balkan?s countries to the European Union(15) are preferred within special autonomous trade measures for the Western Balkan?s countries which were introduced by the EU in September 2000 (the 2000TM). The 2000TM are a far-ranging set of preferences which provide the Western Balkan?s countries with unparalleled market access to the EU, and hence with the potential both to develop the existing exports and to generate new exports. However, the Western Balkan?s countries exports to the EU are far below the level which could reasonably be expected. In all Western Balkan?s countries a number of supply-side and domestic policy reasons are identified for this under-performance, which suggests that the 2000TM are likely in part to rectify the situation. The economic regeneration of the Western Balkan?s countries will depend on the success of internal economic reform and on the adoption of economic and trade policies which specifically identify and address some serious supply-side constraints.


2019 ◽  
Vol 55 (3) ◽  
pp. 230-249
Author(s):  
Andrzej Żurawski

Abstract This article explores Bruno Amable’s Diversity of Capitalism approach to analyze educational systems in the European Union (EU28). The main goal is to identify the main clusters of educational systems with regard to their institutional characteristics. Second goal of the analysis is to evaluate the impact of several EU policies and initiatives on the institutional structure of European educational systems. This article identified six clusters in terms of general education and five clusters in terms of higher education systems. The clustering shows, that – with some exceptions (notably the United Kingdom and Ireland) – European education systems have similar structure to other institutional areas, in particular, it confirms the existence of post-communist (in terms of Farkas) or patchwork (in terms of Rapacki et al.) capitalism. The article shows, as well, that subsystem of higher education is much less diverse, what may have a significance for future discussions on the capitalisms in the EU. Results suggests also that there exist significant differences in performance between the clusters, something that may have a crucial importance for an educational policy.


Author(s):  
Stefan Đurić ◽  
Bojana Lalatović

Solidarity as one of the cornerstone values of the European Union has been once again seated on the red chair and intensively discussed within the European Union and broader. After the economic recession and migrant crisis that marked the last two decades, the outbreak of the COVID-19 pandemic has once again harshly tested the fundamental objectives and values of the European Union and the responsiveness and effectiveness of its governance system on many fronts. In April, 2020 several EU Member States were among the worst affected countries worldwide and this situation soon became similar in their closest neighbourhood. It put a huge pressure on the EU to act faster, while at the same time placing this sui generis community to the test that led to revealing its strengths and weaknesses. As it happened in the previous crises, the Union launched policies and various programmes that were meant to lessen the burden of the Member States and aspiring countries caused by the crises. The objectives of the mentioned soft law instruments that the EU adopted during the COVID-19 crisis has been not only to show that EU law is equipped to react to health and economic crises rapidly but to deliver its support in terms of solidarity to its Member States and its closest neighbours facing the unprecedented health and economic crisis. This article will explore the value and implication of the solidarity principle in times of Covid-19 in its various manifestations. A special focus will be on the financial and material aspects of the EU instruments created to combat the negative consequences of the pandemic and their further impact on shaping the solidarity principle within the EU system. While examining the character and types of these mechanisms a special focus will be placed on those available to Western Balkan countries, whereas Montenegro as the “fast runner” in the EU integration process will be taken as a case study for the purpose of more detailed analyses. One of the major conclusions of the paper will be that although the speed of the EU reactions due to highly complex structure of decision making was not always satisfying for all the actors concerned, the EU once again has shown that it is reliable and that it treats the Western Balkan countries as privileged partners all for the sake of ending pandemic and launching the socio-economic recovery of the Western Balkans. Analytical and comparative methods will be dominantly relied upon throughout the paper. This will allow the authors to draw the main conclusions of the paper and assess the degree of solidarity as well as the effectiveness of the existing EU instruments that are available to Montenegro and aimed at diminishing negative consequences of the crisis.


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