THE EUROPEANIZATION OF THE WESTERN BALKANS, STRENGTENING THE RULE OF LAW AND FIGHTING THE CORRUPTION

2020 ◽  
Vol 12 (3) ◽  
pp. 89-108
Author(s):  
Goran Trailov
Keyword(s):  
Rule Of Law ◽  
Western Balkans ◽  
Broad Area ◽  
Serbia And Montenegro ◽  
The Rule Of Law ◽  
Current State

The aim of this paper is to give an overview on how did Europeanization affect the field of the rule of law in the countries of WBs. However, the rule of law is a very broad area, made out of many subareas in the EU’s eyes (as it is in general), and tackling all of them would be too broad and for some periods even too complicated. Their analyzing would definitely exceed the maximum allowed number of pages for this paper. This paper, alongside a very brief overview of the field of the rule of law in WBs countries, will also focus more closely on the fight against the corruption, and in order to make it even more narrow, the emphasis will be on the two current EU candidate WBs countries, Serbia and Montenegro. The results presented in the concluding remarks are somewhat expected given the history and the current state of the two case countries, as well as the WBs overall. The still much needed reform in the field of the rule of law, and specifically in fighting the corruption is a must for these countries.

scholarly journals The EU Rule of Law Initiative Towards the Western Balkans

2020 ◽  
Author(s):  
Andi Hoxhaj
Keyword(s):  
Rule Of Law ◽  
Green Light ◽  
Time Frame ◽  
Organised Crime ◽  
Western Balkans ◽  
Serbia And Montenegro ◽  
The Rule Of Law ◽  
Depth Analysis ◽  
Enlargement Strategy ◽  
The Eu

AbstractThe EU adopted a new enlargement strategy for the Western Balkans countries in 2018, provided a time frame for Serbia and Montenegro potentially to join the Union by 2025, and outlined the next steps for accession for Albania, Bosnia and Herzegovina, Kosovo, and North Macedonia. In March 2020, the EU gave the green light to the opening of accession talks with North Macedonia and Albania, and also introduced a new reformed ‘accession talks’ framework. The strengthening of the rule of law, fighting corruption and organised crime are the cornerstones of the EU-Western Balkans strategy of 2018 and the new accession talks framework of 2020. This article examines the latest enlargement policy developments in 2018–2020 by conceptualising how the EU promotes the rule of law in the Western Balkans thorough its new enlargement policy package. Furthermore, the article offers an in-depth analysis of the case of Albania, where the EU has experimented with some of its latest enlargement-policy ideas in regard to the rule of law. The article also offers some proposals and insights on how the EU rule of law initiative of 2018 can be improved, in order to become more transformative in strengthening the rule of law in countries of the Western Balkans.

scholarly journals Legal doctrine, legal science and protection of human rights (efficiency ratio)

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Current State ◽  
Legal Science ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Spatio Temporal

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.

scholarly journals The Current Political Challenges to the Mexican Democratisation Process

2019 ◽  
Vol 24 ◽  
pp. 87-113
Author(s):  
Lisdey Espinoza Pedraza
Keyword(s):  
Civil Society ◽  
Political Parties ◽  
Rule Of Law ◽  
Political Society ◽  
The Rule Of Law ◽  
Institutional Revolutionary Party ◽  
Current State ◽  
Revolutionary Party

This paper will attempt to answer what the current state of contemporary democracy in Mexico is after the return of the Institutional Revolutionary Party (PRI) to the presidency by analysing the role of Civil Society, Political Society and the Rule of Law from 2012 to 2018. This paper will also explore if the party’s return was indeed a step backwards in the process of Mexican democratisation, or whether it was simply another step on a long road in which the various political parties alternate power. In 2018, Mexico elected its new president for the next consecutive 6 years along with a fair number of congressional seats and local gubernatorial posts, an election that again put Mexican democracy through a difficult test.

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 Formation of a Developed Civil Society as the Main Direction of Development of the Modern Kyrgyz State

2021 ◽  
Vol 7 (3) ◽  
pp. 274-280
Author(s):  
T. Imankulov ◽  
T. Kongantiev
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
The State ◽  
Main Direction ◽  
Constitutional Reform ◽  
International Standards ◽  
Kyrgyz Republic ◽  
The Rule Of Law ◽  
Current State

The authors analyze the current state of civil society in the Kyrgyz Republic and its contribution to the processes of democratic transformations in the state, including the fight against corruption and constitutional reform. The conclusion is made that some political scientists underestimate the level of development of civil society in the Kyrgyz Republic. The authors analyzed the shortcomings of the draft of the new Constitution of the Kyrgyz Republic for their compliance with international standards of the rule of law.

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.

The icty’s Conditionality Dilemma

2014 ◽  
Vol 22 (3) ◽  
pp. 219-248 ◽  
Author(s):  
Kei Hannah Brodersen
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
The European Union ◽  
Western Balkans ◽  
Norm Diffusion ◽  
The Rule Of Law ◽  
Key Factor ◽  
Crucial Condition

The European Union has made cooperation with the International Criminal Tribunal for the former Yugoslavia a crucial condition to furthering relations with Serbia. This approach, known as “icty conditionality”, stems from the conviction that the Tribunal is a key factor in rebuilding the rule of law in the Western Balkans. In contrast to the existing literature on eu conditionality in general or on icty conditionality in specific, this article emphasizes the relevance of all involved actors: it examines the interaction of icty conditionality, domestic factors and the icty’s judicial performance influencing the development of the rule of law in Serbia. The article concludes that the goal of using the icty as a tool to establish the rule of law in Serbia has failed due to a lack of norm diffusion, although all icty conditionality requirements have eventually formally been fulfilled. This was not only due to inconsistent application of icty conditionality on the eu’s side, but also on account of deficiencies in the legal operation of the Tribunal. Lastly, neither the eu’s demands nor the icty’s work fell on fruitful domestic grounds.

Potenziale einer österreichisch-deutschen Zusammenarbeit in der intergouvernementalen Europapolitik

IG ◽  
2020 ◽  
Vol 43 (3) ◽  
pp. 186-205
Author(s):  
Zekije Bajrami ◽  
Livia Puglisi ◽  
Lea Stallbaum ◽  
Michael Stellwag ◽  
Julian Plottka
Keyword(s):  
Decision Making ◽  
European Union ◽  
Rule Of Law ◽  
Western Balkans ◽  
Institutional Reforms ◽  
The Rule Of Law ◽  
Eu Policy ◽  
The Future ◽  
Financial Framework ◽  
Block Formation

In an increasingly intergovernmental European Union (EU), minilateral formations can reduce the complexity of EU decision-making. However, block formation can also complicate it. Therefore, bilateral diplomacy has to build bridges between these formations. Against this backdrop, the article examines to what extent an Austro-German cooperation can act as such a bridge between the Franco-German couple and the “frugal four”, the “Visegrád Four” and maybe in the future the Western Balkans. To this end, both the orientation of Austrian and German EU policy as well as concrete government positions on the “European Green Deal”, the multiannual financial framework, the defence union, the enlargement policy towards the Western Balkans and institutional reforms are examined. Austro-German cooperation offers opportunities for concrete initiatives on shared interests, such as the rule of law mechanism, as well as potentials for compromise in other policy areas, such as the multiannual financial framework.

scholarly journals PEMBANGUNAN HUKUM DALAM RANGKA PENINGKATAN SUPREMASI HUKUM

2012 ◽  
Vol 1 (1) ◽  
pp. 1 ◽  
Author(s):  
Wicipto Setiadi
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Legal Culture ◽  
Harmonious Society ◽  
Integrated System ◽  
Legal Issues ◽  
The Rule Of Law ◽  
Current State ◽  
The Law ◽  
The Stability

<p>Konstitusi menyatakan bahwa negara Indonesia adalah negara hukum. Ketentuan tersebut mengandung makna bahwa hukum merupakan sesuatu yang supreme . Dengan supremasi hukum diharapkan lahir ketertiban ( order ) atau tata kehidupan masyarakat yang harmonis dan berkeadilan sehingga hukum dapat berperan dalam menjaga stabilitas negara. Dari empat belas tahun pasca reformasi Indonesia, pembangunan hukum menjadi salah satu agenda utama, namun Indonesia belum mampu keluar dari berbagai persoalan hukum, dan bahkan terjebak ke dalam ironi sebagai salah satu negara paling korup. Penelitian yang mengangkat permasalahan tentang kondisi penegakan hukum saat ini dilaksanakan dengan menggunakan metode kepustakaan. Dari hasil penelitian terlihat bahwa prestasi penegakan hukum mulai terlihat dalam beberapa tahun terakhir, meskipun masih juga terlihat beberapa masalah di berbagai sisi. Satu satu hal penting yang harus diperhatikan dalam pelaksanakan pembangunan hukum, yaitu hukum harus dipahami dan dikembangkan sebagai satu kesatuan sistem yang di dalamnya terdapat elemen kelembagaan, elemen materi hukum, dan elemen budaya hukum.</p><p>The Constitution declare that Indonesia is a state of law. Provision implies that the law is something that is supreme. With the rule of law is expected to appear order or a harmonious society and justice so that law can play a role in maintaining the stability of the country. Of the fourteen years of post-reform Indonesia, development of the law became one of the main agenda, but Indonesia has not been able to get out of a variety of legal issues, and even stuck to the irony as one of the most corrupt countries. The research raised issues about the current state of law enforcement is being carried out by using literature methods. From the research shows that achievement of law enforcement began to appear in recent years, although it is also seen some problems on the various sides. One of the important things that must be considered in implementing the construction of the law, the law must be understood and developed as an integrated system in which there is institutional elements, elements of legal substance, and legal culture elements.</p>

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.

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