Ewolucja subprocesu transformacji Czarnogóry

2020 ◽  
pp. 161-177 ◽  
Author(s):  
Małgorzata Łakota-Micker ◽  
Beniamin Noga
Keyword(s):  
Regional Cooperation ◽  
Transition Process ◽  
The State ◽  
The Other ◽  
Former Yugoslavia ◽  
Eu Law ◽  
Political Will ◽  
The Eu

The article shows the phenomenon of evolution of the Montenegro transformation subprocess in terms of progress in the implementation of EU law, Montenegro stands out from the other countries of the former Yugoslavia seeking to join the EU or Euro-Atlantic structures. Over the next ten years we will be able to talk about the intensified transition process, taking place in Montenegro. Six years from the beginning of accession negotiations, despite the actions taken and the implementation of new solutions, the reality shows that the inhabitants of the state still do not see any progress in its functioning. The change requires above all political will, which in the long-term will allow the implementation of well-established reforms and ensure their lasting results. In this case, regional cooperation will also have a great significance in Montenegro.

scholarly journals Territoriality Beyond the State: The EU’s Territorial Claims and the Search for Their Legitimacy

2021 ◽  
Vol 22 (4) ◽  
pp. 650-672
Author(s):  
Josef Weinzierl
Keyword(s):  
The State ◽  
Political Community ◽  
The Other ◽  
Main Question ◽  
Eu Law ◽  
European Level ◽  
Territorial Claims ◽  
The One ◽  
The Individual ◽  
The Eu

AbstractQuite a few recent ECJ judgments touch on various elements of territorial rule. Thereby, they raise the profile of the main question this Article asks: Which territorial claims does the EU make? To provide an answer, the present Article discusses and categorizes the individual elements of territoriality in the EU’s architecture. The influence of EU law on national territorial rule on the one hand and the emergence of territorial governance elements at the European level on the other provide the main pillars of the inquiry. Once combined, these features not only help to improve our understanding of the EU’s distinctly supranational conception of territoriality. What is more, the discussion raises several important legitimacy questions. As a consequence, the Article calls for the development of a theoretical model to evaluate and justify territoriality in a political community beyond the state.

Neither here, not there: Bulgaria and Romania in current European politics☆

2004 ◽  
Vol 37 (4) ◽  
pp. 509-522 ◽  
Author(s):  
Victor D. Bojkov
Keyword(s):  
European Union ◽  
Regional Cooperation ◽  
Eu Enlargement ◽  
Political Transition ◽  
The Other ◽  
European Politics ◽  
The European Union ◽  
Southeast Europe ◽  
The Eu

The article analyses the process of EU enlargement with reference to the progress that Bulgaria and Romania have made within it. It is argued that leaving them out of the wave of accession finalised in May 2004 for ten of the candidate states, has placed them in a situation of double exclusion. Firstly, their geographical belonging to the region of Southeast Europe has been rendered non-essential by their advanced position within the EU enlargement process. Secondly, their achievement in economic and political transition has been removed from the progress of the ten states, which joined the EU in May 2004 by delaying the time of their accession. As a result, any efforts in regional cooperation and integration between Bulgaria and Romania on one hand, and other Southeast European states on the other, have been effectively cancelled. Moreover, in current European politics, the two countries have come to serve the unenviable role of exemplifying on the part of the European Union how progress is being awarded and hesitation punished.

scholarly journals UNDERSTANDING ASSAM’S SUSTAINABILITY ISSUES

2021 ◽  
pp. 90-96
Author(s):  
Pratyush Paras Sarma ◽  
Sagarmoy Phukan
Keyword(s):  
Sustainable Development ◽  
Citizen Science ◽  
Performance Index ◽  
Sustainable Development Goals ◽  
The State ◽  
The Other ◽  
Development Goals ◽  
The Government

Assam was the first state in India to have undertaken the Global Sustainable Development Goals (SDGs) as a long-term guiding strategy for development. At the end of five years, before the state election, evaluating the work on SDGs in Assam is essential to follow up on the commitment of the government. But before we start evaluating the SDGs it is important to understand the development road Assam has taken over the last 100-150 years and why we must make a new turn. This study has tried to understand certain loopholes which have hampered the progress of SDGs in Assam along with how much Assam has been able to address its sustainability issues and how we can progress. We have reviewed the performance of the state based upon the official performance index released by NITI Aayog, Government of India. Our review of the index reflects that Assam has performed relatively poorer than the other states of the country. However, the ethnic culture of the region was deeply rooted in nature which the state can now adopt and harness to achieve its SDGs. KEYWORDS: Sustainable Development Goals; Assam Election; Indigenous Knowledge; Citizen Science; Polycentric Governance

scholarly journals Reliance on long-term care as a “new” social risk in national and EU law

2020 ◽  
Vol 123 ◽  
pp. 87-101
Author(s):  
Grega Strban ◽  
Sara Bagari
Keyword(s):  
Life Expectancy ◽  
Social Protection ◽  
Long Term Care ◽  
Social Risk ◽  
Eu Law ◽  
Term Care ◽  
The Social ◽  
Different Parts ◽  
The Eu

There have always been people who cannot take care of their daily needs and are reliant on care. However, due to higher life expectancy and low birth rates, changes in lifestyle and increased mobility, reliance on long-term care is becoming a general risk in life. Therefore, it must be provided with social protection. In this respect, the criteria for shaping the (new) social risk of reliance on long-term care are also fulfilled. Although different benefits are already provided within different parts of the social security system, the paper discusses that the best option is to define reliance on long-term care as an independent social risk. Furthermore, we must ensure that providing long-term care will not turn out to be a double social risk. The issue has to be addressed at the national and at the EU level.

scholarly journals Climate Change in the Western Balkans and Eu Green Deal – Coherence, Challenges, and Perspective

2021 ◽  
Author(s):  
Sandi Knez ◽  
Snežana Štrbac ◽  
Iztok Podbregar
Keyword(s):  
Climate Change ◽  
The State ◽  
Policy Recommendations ◽  
The European Union ◽  
Western Balkans ◽  
Net Zero ◽  
Average Annual Temperature ◽  
Level Of Economic Development ◽  
The Eu

Abstract Background: The European Commission (EC), based on the European Green Deal (2019) and the Recovery plan for Europe (2021) envisages investing 30% of the budget in climate-related programs, projects, and initiatives, which clearly shows Europe's commitment to becoming the first climate-neutral region by 2050. Activities are also planned for countries that are not members of the European Union (EU), which requires complex changes in the field of legislation, strategic planning, implementation, and monitoring. To successfully plan short-term and long-term activities on these grounds, it is necessary to have a realistic picture of the state of climate change in each country - as they spill over into the entire region of Europe. The main objective of this paper is to present the state of climate change in six Western Balkans countries, of which only Croatia is a member of the EU, for the needs of planning activities and initial harmonization with the EU plan to reaching net-zero greenhouse gas emissions (GHG) by 2050. Results: The main results of the research show that in all countries of the region, the average annual temperature increased by 1.2 °C compared to 1970, with stabilization and the beginning of the decline which can be expected around 2040. The main reasons for climate change in the region are: industry, energy, and heating sector based on coal exploitation, low energy efficiency, etc. Conclusions: It can be concluded that all countries of the Western Balkans have adopted (or are in the process of adopting) the necessary regulations and strategies towards climate change mitigation, but the implementation of specific activities is at a low level. The reasons for this most often lies in the insufficient commitment of decision-makers to make significant changes in the field of climate change transition (lower level of economic development, lack of investment, preservation of social peace). Finally, the paper provides an overview of climate change by country, scenario analysis, and policy recommendations.

Europe’s Cosmopolitan Union

2021 ◽  
pp. 204-226
Author(s):  
Bertjan Wolthuis ◽  
Luigi Corrias
Keyword(s):  
Public Law ◽  
Internal Market ◽  
The Other ◽  
Refugee Crisis ◽  
Eu Law ◽  
Eu Member States ◽  
Cosmopolitan Law ◽  
Migration Law ◽  
Legal Condition ◽  
The Eu

The chapter provides a Kantian reading of EU internal market law and the refugee crisis of 2015. The chapter argues that the EU should be viewed as a cosmopolitan union. The authors ask whether EU law, understood as positive cosmopolitan law, can be qualified as an extension of the legal condition, and whether it can be viewed as consistent with the other two parts of public law, especially with the freedom of EU member states which also depend on the possible connection to global, much less extensive, systems of positive cosmopolitan law such as migration law.

scholarly journals El informe del Consejo de Estado de 15 de Diciembre de 2010 sobre garantías de cumplimiento del derecho de la Unión Europea

2011 ◽  
pp. 609
Author(s):  
José Ángel Camisón Yagüe
Keyword(s):  
The State ◽  
Eu Law ◽  
The Eu

This paper analyses the Consultative Council Inform of 15th December 2010 about the inobservance of the EU Law caused by a Comunidad Autonoma and its effects. The Consultative Council examines all the possible mechanisms that could be used by the State to prevent and to act in case of a violation of EU Law.Este trabajo analiza el Informe del Consejo de Estado de 15 de diciembre de 2010 relativo a los mecanismos de prevención, reacción y repercusión ante el incumplimiento de Derecho de la Unión Europea provocado por una Comunidad Autónoma.

The “Polemical” Spirit of European Constitutional Law: On the Importance of Conflicts in EU Law

2015 ◽  
Vol 16 (6) ◽  
pp. 1343-1374 ◽  
Author(s):  
Giuseppe Martinico
Keyword(s):  
Constitutional Law ◽  
The Other ◽  
Preliminary Ruling ◽  
Eu Law ◽  
Constitutional Courts ◽  
Cautious Approach ◽  
Court Of Justice ◽  
The One ◽  
The Eu

Recently, scholars have argued of the necessity of going beyond “judicial dialogues” and “conflict-and-power” approaches to the analysis of the role of national Constitutional Courts in the Union. On the one hand, there are risks connected to a “too welcoming an approach by national constitutional courts to EU law”; on the other hand, it is possible to criticize both the Court of Justice of the EU (CJEU) and some national Constitutional Courts for other, less cooperative, decisions. I share this cautious approach for many reasons, and primarily because the preliminary ruling mechanism does not exhaust all the possible means of communication between constitutional courts and the CJEU. For instance, what Komárek calls “parallel references” can serve, in some circumstances, as a technique of alternative (or hidden) dialogue, that has favored a sort of “remote dialogue” over the years. My sole point of disagreement with this scholarly position is over the role of conflicts in this scenario. Whilst Komárek seems to confine conflicts to phenomena of mere resistance or to “‘cold’ strategic considerations,” in this work I am going to adopt a much broader idea of conflict, which goes beyond mere “conflicts and power games.”

Torture, The State and the Individual

1989 ◽  
Vol 23 (2-3) ◽  
pp. 345-356 ◽  
Author(s):  
Sanford H. Kadish
Keyword(s):  
Moral Philosophy ◽  
Liberal Democracy ◽  
Public Debate ◽  
The State ◽  
The Other ◽  
Innocent Person ◽  
Democratic Community ◽  
The Individual ◽  
Painful Question

The Report of the Landau Commission puts a painful question for public debate: can it ever be morally acceptable in a liberal democracy for the state to use cruel measures against a person to compel him to reveal information needed to prevent grave harms, such as the loss of lives? The question, of course, belongs to a class of questions that has baffled and divided people for generations. Are some actions inherently and intrinsically wrong, so that they may not be redeemed by the net good consequences they produce on balance? Even if this is the case in general, can it be true regardless of the enormity of the consequences? Battle lines in moral philosophy are drawn in terms of how these questions are answered. For consequentialists the morality of all actions is solely determined by their consequences, near and long term. For deontologists the morality of all actions is always determined, at least in part, by their intrinsic wrongness, so that if they are wrong they are not made right by their desirable consequences. Each side has, so it seems, an unanswerable objection to the position of the other. Deontologists ask: then you mean you are ready to declare, for example, that punishment of innocent persons may be morally justified if it is necessary to prevent crime? And consequentialists (without answering) ask in turn: then you mean that even if the life of thousands and the preservation of the basic freedoms of a democratic community depend on it, you would regard it as morally prohibited to use any force against a single innocent person?These questions are among the hardest of all hard questions. But they become even harder when they are asked in the context of a public debate over how a government should act in some immediate crisis.

scholarly journals La jurisprudencia federalizante y humanizadora del Tribunal de Justicia : un cuento desde el país de las hadas = The federalizing and humanistic case law of the ECJ : a tale from fairyland

2013 ◽  
pp. 429
Author(s):  
Luis I. Gordillo Pérez ◽  
Giuseppe Martinico
Keyword(s):  
Constitutional Law ◽  
State Of The Art ◽  
50Th Anniversary ◽  
Case Law ◽  
The State ◽  
Constitutional Theory ◽  
Eu Law ◽  
The Eu

El objetivo de este artículo es ofrecer una reflexión sobre el estado del Derecho constitucional europeo en el año del quincuagésimo aniversario de Van Gend en Loos, la histórica decisión del Tribunal de Justicia (TJ) que ha puesto las bases para la constitucionalización del Derecho de la Unión Europea. Para ello, y tras profundizar en la teoría del constitucionalismo comunitario, se analiza el proceso de constitucionalización de la UE a través de la jurisprudencia del Tribunal de Luxemburgo desde dos puntos de vista: constitucionalización como «federalización» y constitucionalización como «humanización».This article reflects on the state of the art of the EU Constitutional Law on the 50th anniversary of Van Gend en Loos, the founding constitutional decision of the ECJ. After analyzing the fundamentals of EU constitutional theory, the authors move towards the constitutionalization process of the EU through the case law of the ECJ from a double perspective: constitutionalization as federalization and constitutionalization as «humanization of EU Law».

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