scholarly journals The Obstacles of Serbia in Obtaining the European Union Membership Status

POLITEA ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 205
Author(s):  
Firmansyah Firmansyah ◽  
Ali Muhammad
Keyword(s):  
European Union ◽  
International Criminal Tribunal ◽  
Candidate Country ◽  
The European Union ◽  
Free Markets ◽  
The Rule Of Law ◽  
The Past ◽  
War Criminals ◽  
The Status ◽  
The Eu

<p>The European Union (EU) is an intergovernmental and supranational organization enlarging its membership since its formation. Due to the benefits, neighboring European countries are volunteering to join the EU. One of the EU candidate member countries is Serbia. In the process of gaining the status of EU candidate country, Serbia has faced many challenges and yet to fulfill the Copenhagen criteria as the conditions of membership by transforming and strengthening democracy. In the economic field, it is struggling to develop free markets and the rule of law. Serbia has collaborated with the International Criminal Tribunal for the Former Yugoslavia (ICTY) to process the war criminals in the past. Serbia succeeded in obtaining the status of candidate membership of the EU on March 1, 2012, which then became its new chapter.  </p>

scholarly journals Den Stier das Tanzen lehren?

2012 ◽  
Vol 42 (168) ◽  
Author(s):  
Andreas Fisahn
Keyword(s):  
European Union ◽  
Financial Market ◽  
Debt Crisis ◽  
Social Benefits ◽  
The European Union ◽  
German Government ◽  
Capital Movements ◽  
Authoritarian State ◽  
The Status ◽  
The Eu

The crisis of the European Union cannot be solved by austerity programs. Therefore a closer look at the reasons of the crisis seems to be reasonable, which includes a description of the development of the EU from 1951 to present times. The Union started as a tariff union and evolved through different steps to an order of competitive states. The main fields of competition between the states are taxes and social costs, which leads to tax dumping and a race to the bottom in social benefits. Starting in 1990 the EU achieved the status of an open financial market, with the duty of deregulation of capital movements being stipulated in Treaties. In the end the problem is not a debt crisis but a crisis of the structure of the European Union. The solution – which especially the German government prefers – may be the first step on the way to an authoritarian state.

scholarly journals The Rule of Law Framework in the European Union: Its Rationale, Origins, Role and International Ramifications

2021 ◽  
pp. 305-331
Author(s):  
Artur Nowak-Far
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Eu Member States ◽  
International Legal Order ◽  
High Level ◽  
The Eu

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.

Part VI Global Approach of State Aid Law—WTO Law and EU Trade Defence Instruments, 2 Anti-subsidy Law and Practice of the European Union

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
European Union ◽  
Chinese Government ◽  
The European Union ◽  
Global Approach ◽  
Clear Cut ◽  
The Past ◽  
Export Subsidies ◽  
Very High ◽  
Over Time ◽  
The Eu

This concluding chapter explores EU's anti-subsidy instruments, which are designed to address subsidization by other WTO members. After a hesitant start, the EU since 1995 has progressively used the AS instrument to act against subsidization by third-country governments. While initially focusing on relatively clear-cut export subsidies, over time the EU has more and more also countervailed domestic subsidy programmes. This is clearest in the AS cases initiated against China during the past five years, where the majority of the countervailed programmes have consisted of domestic subsidies. In this context, it is important to note that the findings of specificity reached by the EU in cases concerning China are largely based on the use of facts available, resulting from the imposition of very high burdens of proof on the Chinese government that domestic subsidies in fact are not specific.

9. European Union law and institutions

2021 ◽  
pp. 124-141
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Cooperation Agreement ◽  
The Status ◽  
Fundamental Rights And Freedoms ◽  
The Uk ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.

2. The history of EU institutions:

2021 ◽  
pp. 27-47
Author(s):  
Renaud Dehousse ◽  
Paul Magnette
Keyword(s):  
European Union ◽  
Institutional Change ◽  
Current Phase ◽  
The European Union ◽  
The Past ◽  
Constant Change ◽  
History Of ◽  
Five Phases ◽  
The Eu ◽  
Ideas And Institutions

EU institutions have frequently been reformed since the origins of what is now the European Union (EU), and particularly so over the past twenty years. This chapter explains why and how this quasi-constant change has taken place. It begins by identifying five phases in this history: the founding, consolidation, relaunch, adaptation, and the current phase of reaction to functional challenges. The chapter then assesses the respective weight of state interests, ideas, and institutions in the evolution of EU institutions. In retrospect, institutional change in the EU appears to have followed a functionalist logic, leading to complex compromises that, in turn, prompt regular calls for ‘simplification’ and democratization.

Reflections of the Funds Distributed Under the Instrument for Pre-Accession Assistance for Rural Development (IPARD) Program on Çanakkale

2022 ◽  
pp. 249-265
Author(s):  
İbrahim Tanju Akyol
Keyword(s):  
European Union ◽  
Rural Development ◽  
Rural Areas ◽  
Financial Assistance ◽  
Candidate Country ◽  
The European Union ◽  
The Eu

The European Union (EU) provides financial assistance to the countries that are the current candidates and the potential candidates for the development of rural areas. These countries are supported by rural development (RD), one of the five components of the instrument for pre-accession assistance (IPA). Turkey is also a candidate country to benefit from the financial assistance provided by the EU. This research aims to reveal the situation of the projects carried out with IPARD in Çanakkale province within the country. As a matter of fact, Çanakkale takes place at the lower ranks in terms of the number of projects and the number of grants. Despite its potential, the reasons for not achieving the desired results in this province are the lack of qualified consultants, insufficient access to beneficiaries, and problems in licensing of lands. This research, thus, has also put forward various solution suggestions in order to minimize these problems.

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

Südosteuropa ◽  
2017 ◽  
Vol 65 (1) ◽  
Author(s):  
Niké Wentholt
Keyword(s):  
European Union ◽  
Restorative Justice ◽  
Transitional Justice ◽  
International Criminal Tribunal ◽  
The European Union ◽  
Western Balkans ◽  
Post Conflict ◽  
War Experiences ◽  
The Impact ◽  
The Eu

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.

“Ruled Britannia”: Metaphorical Construction of the EU as Enemy in UKIP Campaign Posters

2020 ◽  
Vol 26 (1) ◽  
pp. 188-209
Author(s):  
Andrew S. Ross ◽  
Aditi Bhatia
Keyword(s):  
European Union ◽  
Social Impact ◽  
Discursive Construction ◽  
The European Union ◽  
Exit Strategy ◽  
The Past ◽  
The United Kingdom ◽  
Eu Membership ◽  
The Government ◽  
The Eu

The sweeping tide of populism across the globe has given rise to isolationist sentiments that call for the closing of national borders and a return to nativist roots. This has been most evident in Britain in terms of the controversial vote to exit the European Union (EU) during the 2016 referendum (to Leave or Remain) and more recently with the lead up to a general election and mounting pressure on the government to implement an exit strategy. The most vocal proponent of the “leave” movement was the United Kingdom Independence Party (UKIP), reframing the debate on EU membership in terms of invasion and oppression. This paper focuses on precisely this discursive construction of the EU by analyzing UKIP campaign posters through application of Bhatia’s Discourse of Illusion framework on three levels: historicity (use of the past to justify the present or predict the future), linguistic and semiotic action (subjective conceptualizations of reality made apparent through metaphorical rhetoric), and degree of social impact (emergence of delineating categories through ideological narrative).

Remarks on Art. I-52 of the Constitutional Treaty: New Aspects of the European Ecclesiastical Law?

2005 ◽  
Vol 6 (11) ◽  
pp. 1719-1729 ◽  
Author(s):  
Michał Rynkowski
Keyword(s):  
European Union ◽  
Religious Communities ◽  
The European Union ◽  
Constitutional Treaty ◽  
Ecclesiastical Law ◽  
Religious Associations ◽  
The Status ◽  
Ec Law ◽  
First Time ◽  
The Eu

The question of churches and religious communities in the EU/EC law arose for the first time in 1997, when Declaration No. 11 on the status of churches and non-confessional organisations was attached to the Amsterdam Treaty. According to this Declaration, “The European Union will respect and does not prejudice the status under national law of churches and religious associations or communities in the Member States. The European Union will equally respect the status of philosophical and non-confessional organisations.” The content of this Declaration was commented on many times by distinguished experts of the European ecclesiastical law. Art. I-52 of the Treaty establishing a Constitution for Europe (Constitutional Treaty/CT) repeats in paragraph one and two Declaration No. 11, and introduces in paragraph three a provision on dialogue between the EU and religious bodies: “Recognising their identity and their specific contribution, the Union shall maintain an open, transparent and regular dialogue with these churches and organisations.”

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