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

2011 ◽  
Vol 1 (2) ◽  
Author(s):  
Dr.Sc. Bejtush Gashi

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.

Author(s):  
Tatjana Gerginova

Security system of each country constitute the internationallegal documents and acts as well as national security that allow system isorganized as a part of the state apparatus, which system will to enable tomake possible the safety and independence of other states, as well as thelaw protection of basic human rights and freedoms. International documentsfor protection of human rights and fundamental freedoms, as well as legalacts of any national state determines the universal significance of humanrights and freedoms, whose observance is an important factor of peace,justice and security necessary to ensure the development of friendly relationsand cooperation among states, but also a precondition for progress on theestablishment of lasting peace, security, justice and cooperation in Europe. Fullrespect for human rights and fundamental freedoms and the development ofsocieties based on pluralistic democracy and the rule of law are prerequisitesfor progress in ensuring lasting peace, security, justice and cooperation inEurope. The Treaty establishing the European Union, signed in Maastricht in1992 stipulates that respect for human rights is one of the main prerequisitesfor membership in the European Union and the guarantees of human rightsestablished and guaranteed by the European Convention on Human Rights,are respected by Union as general principles of Union law. One of the mainobjectives of the common foreign and security policy of the Member States ofthe European Union is the development of democracy and the rule of law andrespect for human rights and fundamental freedoms. Republic of Macedoniain the processes of democratization incorporate the recommendations of theCouncil of Europe and other international institutions in finding appropriateeffective mechanisms by which holders of public authority will exerciseits powers with respect for and protection of human rights. Respect andprotection of human rights legislation in line with international standards inthis area, should be a primary task of each authority responsible for enforcingthe law.


2020 ◽  
Vol 16 (1) ◽  
pp. 8-32
Author(s):  
Peter Van Elsuwege ◽  
Femke Gremmelprez

The rule of law as one of the core constitutional values of the EU legal order – The rule of law in the case law of the Court of Justice of the European Union – Jurisdiction of the Court on the basis of a combined reading of Articles 2 and 19 TEU – Protecting the rule of law in the Common Foreign and Security Policy – Protecting the rule of law in the member states in order to safeguard the structure and functioning of the EU legal order – Limits to the scope of application of EU law


2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.


2021 ◽  
pp. 43-59
Author(s):  
Tomasz Dubowski

In the discussion on the EU migration policy, it is impossible to evade the issue of the relation between this policy and the EU foreign policy, including EU common foreign and security policy. The subject of this study are selected links between migration issues and the CFSP of the European Union. The presented considerations aim to determine at what levels and in what ways the EU’s migration policy is taken into account in the space of the CFSP as a diplomatic and political (and subject to specific rules and procedures) substrate of the EU’s external action.


Author(s):  
Artur Nowak-Far

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.


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