scholarly journals Between Populism and Technocracy: How National Executives in Bulgaria and Serbia Manipulate EU Rule of Law Conditionality

2021 ◽  
Vol 17 (2) ◽  
Author(s):  
Spasimir Domaradzki ◽  
Ivana Radić Milosavljević
Keyword(s):  
European Union ◽  
European Integration ◽  
Rule Of Law ◽  
The Political ◽  
Political Elites ◽  
Substantial Impact ◽  
The Rule Of Law ◽  
Eu Membership ◽  
The Impact ◽  
The Eu

This article explores how national executives in Serbia and Bulgaria address European Union (EU) rule of law conditionality by framing it within the populism/technocracy dichotomy. The rule of law remains one of the main problems of EU relations with the two countries. While acknowledging the nuances of pre- and post-enlargement Europeanisation, this article explores the technocratic and populist narratives exploited by the national executives in their interactions with the EU and their domestic public. Rather than positioning the current executives unequivocally either as populist or technocratic, we argue that the political elites act strategically in using both populist and technocratic techniques towards their publics when explaining interaction with the EU. We explore the extent this type of executive behaviour is determined by the countries’ formally different status. While we look for the levels of possible similarity and distinction in the two cases/countries stemming from their different EU membership status, our findings confirm the existence of strategic defensive populist and technocratic techniques applied towards the EU and the national public in both countries The aim of this strategy is to mitigate the impact of the EU rule of law pressure and to secure the persistence of the existing rule of law shortcomings within the process of European integration. Interestingly, our research did not identify substantial impact of the formally different status towards the EU of the two countries.

The EU’s Stealthy Hegemony and Ambiguous Neighbors

2021 ◽  
Vol 120 (824) ◽  
pp. 112-117
Author(s):  
Alexander Clarkson
Keyword(s):  
European Union ◽  
Northern Ireland ◽  
European Integration ◽  
The State ◽  
Political Control ◽  
The Political ◽  
The European Union ◽  
The Impact ◽  
The Eu

European integration based on a supranational form of pooled sovereignty has taken on increasingly state-like qualities. With every move toward absorbing additional members, the European Union system has expanded its geographic reach. The state-like power of the EU is apparent in the impact its integration processes have had in societies just outside its borders. Its growing influence is most notable in misfit border territories, from Kaliningrad to Transnistria, and from Cyprus to Northern Ireland, that are tenuously under the political control of neighboring geopolitical powers.

Brexit: Reasons and challenges

2016 ◽  
Vol 66 (s1) ◽  
pp. 137-156 ◽  
Author(s):  
Miklós Somai ◽  
Zsuzsánna Biedermann
Keyword(s):  
European Union ◽  
European Integration ◽  
Rule Of Law ◽  
British Society ◽  
The European Union ◽  
Eastern Enlargement ◽  
Negative Image ◽  
The Rule Of Law ◽  
Eu Membership ◽  
Wealth Inequalities

This paper reviews the deeper societal and economic reasons behind the British choice of leaving the European Union. We address the detailed results of the referendum and the long-standing sceptical British attitude towards European integration; next, we analyse the net budgetary contribution that changed enormously after the Eastern Enlargement. It is argued that the rise in the immigrantnative ratio had a significant impact on employee’s pay level in certain areas, therefore pro-Brexit campaigners highlighted migration as one of the major problems arising from EU membership. Increasing income and wealth inequalities and a growing anti-elite sentiment in British society, coupled with the negative image of Brussels bureaucrats and a British approach to the rule of law that is fundamentally different from the continental one, also contributed to the final result of the referendum. Our analysis ends with a glimpse into the close future, emphasising that the future of British-EU relations depends wholly on the pragmatism and wisdom of the negotiating parties.

scholarly journals DYNAMICS OF IMPLEMENTATION OF THE ASSOCIATION AGREEMENT BETWEEN UKRAINE AND THE EU: PROSPECTS AND NEW CHALLENGES

2020 ◽  
pp. 17-27
Author(s):  
I. Berezovska
Keyword(s):  
European Union ◽  
European Integration ◽  
Rule Of Law ◽  
Constitutional Court ◽  
The European Union ◽  
Integration Policy ◽  
Association Agreement ◽  
The Rule Of Law ◽  
Main Challenge ◽  
The Eu

The entry into force of the Association Agreement with the European Union was a fateful event for the contemporary history of Ukraine. Currently, both components of the association: political one, which consists in spreading European values to Ukraine, and economic one, which involves Ukraine's integration into the EU internal market in exchange for legislation approximation, are without exaggeration fundamental factors for further development of Ukraine. The results of the previous years of the Association Agreement implementation testify to both significant achievements and a number of problems in Ukraine's fulfillment of its association with the EU “homework”. The article is devoted to the analysis of dynamics and the recent trends in the process of the Agreement implementation. As a result of the political changes that took place in Ukraine in 2019, including the election of a new president, parliament and government, European integration work on the implementation of the Association Agreement began in the new conditions. The improvement of the national institutional mechanism designed to ensure better coordination of work on the implementation of the Agreement between the competent authorities is among the positive trends in the process of its implementation. The fundamental legal principles and basic directions of work on Agreement updating are analyzed. It is proved that the prospect of updating has become an effective impetus to improve implementation processes. By initiating such an update, in order to strengthen its position in the negotiations with the EU, the Ukrainian side is forced to objectively assess the effectiveness of the Agreement implementation in certain areas and to intensify the completion of processes that are significantly behind. A new challenge in the process of implementing the Association Agreement was the emergence of the pandemic factor in 2020. The introduction of national quarantine and the incidence rate have significantly shifted priorities and affected European integration processes, both within Ukraine and at the EU level. At the same time, it was stressed that the situation to ensure the Rule of law, in particular, the fight against corruption is the main challenge not only to obligations fulfillment under the agreement, but also to the entire European integration policy of Ukraine. It is noted that the decision of the Constitutional Court of Ukraine to repeal a significant part of anti-corruption legislation threatens the further integration of Ukraine with the EU. It was stressed that the future of not only Ukraine but also the region as a whole depends on whether the Association Agreement with the European Union will continue to serve as a transformational force capable of overcoming the weakness of the Rule of law within the country.

Belgium's Adaptation to the EU : Does Federalism Constrain Europeanisation ?

Res Publica ◽  
2002 ◽  
Vol 44 (4) ◽  
pp. 575-597
Author(s):  
Peter Bursens
Keyword(s):  
European Union ◽  
General Public ◽  
The Political ◽  
Political Elites ◽  
Federal System ◽  
The European Union ◽  
Dominant Focus ◽  
The Public ◽  
The Impact ◽  
The Eu

This article starts from the observation that the Belgian level of adaptation to the requirements posed by its membership of the European Union is surprisingly low. Following an institutionalist line of thinking, it is argued that the impact of the European Union is seriously constrained by the characteristics of the Belgian federal system. This results into defining both cultural (1) and structural (2) indicators for the degree of Europeanisation: (1) European opinions and awareness of political elites and the general public and (2) the Belgian domestic organisation of European co-ordination mechanisms. The article more concretely argues that the European opinions and European awareness of the political elites and the public opinion are coloured by an inwards-looking mentality that stems from the dominant focus on the ongoing federalisation process. In addition, it is also found that the limited Europeanised installation and outcomes ofthe European co-ordination mechanisms are at least partly shaped by hard and soft federal elements

scholarly journals Compromise(d)? – Perspectives of Rule of Law in the European Union

2021 ◽  
Vol 2 (1) ◽  
pp. 207-227
Author(s):  
Márton Sulyok
Keyword(s):  
European Union ◽  
European Integration ◽  
Rule Of Law ◽  
International Organizations ◽  
The European Union ◽  
Constitutional Courts ◽  
Economic Interests ◽  
The Rule Of Law ◽  
The Eu

This paper introduces different perspectives of rule of law in the European Union starting out of the assumption that fear and (common) economic interests continue to be the primary motivator of European integration as to the European Union. The analysis touches upon the problematic tension between national specificities of the rule of law developed organically inside state frameworks of constitutionalism, through the practice of national constitutional courts and the practice and standards of international organizations and institutions in this matter. Starting out of problems brought about by open statehood and the “dialogical” development of rule of lawin the European Union, the paper also describes the institutions, concepts and processes relevant to the enforcement of the value of rule of law in the EU.

scholarly journals Torpedoing v. Carpet Bombing: Mutual Trust and the Rule of Law

2021 ◽  
Vol 1 ◽  
pp. 9-22
Author(s):  
Adam Máčaj
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Future Application ◽  
Mutual Trust ◽  
The European Union ◽  
Judicial Cooperation ◽  
The Rule Of Law ◽  
Fundamental Value ◽  
The Impact ◽  
The Eu

The aim of this paper is to assess the most recent developments in the arising threats to the rule of law, in particular from the viewpoint of their impact on the judicial cooperation in light of the principle of mutual trust in the European Union. The paper analyses the development of this principle, the position of the Court of Justice of the European Union on the issue, and its views on recent challenges to the rule of law as a fundamental value of the EU, along with positions of other judicial bodies. The assessment then seeks to establish the impact the arising threats to rule of law in the EU, including judicial independence, may exert on the future application of the principle of mutual trust amongst judicial authorities of the Member States, and outline the implications arising therefrom.

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.

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.

2. Development of the EU

2017 ◽  
Author(s):  
Paul Craig
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
European Integration ◽  
Global Financial Crisis ◽  
Lisbon Treaty ◽  
European Unity ◽  
Single European Act ◽  
The Global Financial Crisis ◽  
The Impact ◽  
The Eu

This chapter traces the development of what is now the EU. It first describes the origins of ideas of European unity. It then discusses the various treaties that paved the way towards broader European integration. These include the European Coal and Steel Community Treaty of 1951,the Single European Act 1986, the Treaty on European Union (TEU) of 1992, and the Lisbon Treaty of 2009. Next, the chapter turns to the impact of the global financial crisis on the EU and considers several theories of integration.

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.

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