The Impact of Accession on the Criminal Law and Criminal Procedure of the New Member States

Author(s):  
Ulrich Sedelmeier

This chapter examines the main phases of the European Union’s enlargement policy process—association, pre-accession, and accession—and the key decisions involved in each of these stages. It discusses how these decisions are made, and how policy practice has evolved over time. The chapter then explores enlargement as a tool of foreign policy and external governance. It discusses the development of the EU’s accession conditionality as an instrument to influence domestic change in candidate countries and why conditionality appears to have become less effective after the 2007 enlargement round, including the impact of the EU’s ‘enlargement fatigue’ and manifestations of ‘democratic backsliding’ among new member states.


2020 ◽  
Vol 11 (2) ◽  
pp. 263-273
Author(s):  
Sasa Jaksic ◽  
Natasa Erjavec ◽  
Boris Cota

The common denominator of the European Union’s (EU) strategic long-run documents is the role of total factor productivity in fostering future growth and competitiveness. Hence, this article analyses the impact of total factor productivity on export competitiveness in EU new member states (NMS). As opposed to the stagnation of the growth of total factor productivity in the advanced economies, EU NMS exhibited stronger growth that was interrupted due to the 2008 economic and financial crisis. After the crisis, the growth continued but it was not as strong as before. The results of the empirical analysis confirm the vital role of total factor productivity for the export competitiveness of the EU NMS. However, the results also point to the fact that the impact of total factor productivity on export competitiveness is not that beneficial in the countries where the value of total factor productivity has not returned to the pre-crisis level.


Author(s):  
John R Spencer

This chapter examines what EU criminal law consists of; the reasons for its existence; and the mechanism by which it is created. It then describes the more important of its practical manifestations. It shows that Member States are torn between the practical necessity for certain problems in the area of criminal law to be dealt with at an EU level, and a deep-seated ideological resistance to this happening. A consequence of this is that the bulk of the EU instruments of which EU criminal law is composed are designed to help and encourage the criminal justice systems of the various Member States to work together, rather than to impose upon them uniform rules of criminal law or criminal procedure devised by EU law-making institutions.


2016 ◽  
Vol 8 (1) ◽  
pp. 1-20 ◽  
Author(s):  
Leandro Mancano

Abstract European Union, and criminal, laws had been interacting in many ways even before explicit competence in criminal matters was acquired by the Union in the Treaty of Maastricht. Such intersections between supranational and national provisions have frequently been handled by the CJEU. In the main, the intervention of the Court is triggered by Member States’ recourse to penal sanctions in situations covered by EU law. In such cases, the CJEU is called upon to strike a complicated balance: it has to deal with Member States’ claims of competence in criminal law, whilst ensuring that that power is used consistently with EU law. By making reference to selected cases, this paper highlights the impact that principles established in the context of the fundamental freedoms can have on EU criminal law.


2021 ◽  
Vol 13 (12) ◽  
pp. 6870
Author(s):  
Gheorghița Dincă ◽  
Marius Sorin Dincă ◽  
Camelia Negri ◽  
Mihaela Bărbuță

The current paper evaluates the impact of corruption and rent-seeking behaviors upon economic wealth in the European Union states using a public choice approach. The period of study is 2000 to 2019. To measure this impact, the present study uses a regression with variables reflecting governance quality and considered relevant, from a public choice approach, to corruption and rent-seeking. The main results of this study show a negative relationship between the level of corruption and economic wealth for all analyzed countries, especially for the ones that compose the new member states group. For all the EU member states, the variables capturing governance quality seem to have a positive impact on economic wealth. The higher levels of governance performance, synonymous with lower levels of rent-seeking, personal interest, and political pressures on state administrations, contribute to economic wealth, as public choice theory emphasizes. There is a need for reform and an increase in the efficiency of public institutions, especially in new member states.


2020 ◽  
pp. 792-825
Author(s):  
John R Spencer ◽  
András Csúri

This chapter examines what EU criminal law consists of; the reasons for its existence; and the mechanism by which it is created. It then describes the more important of its practical manifestations. It shows that Member States are torn between the practical necessity for certain problems in the area of criminal law to be dealt with at an EU level, and a deep-seated ideological resistance to this happening. A consequence of this is that the bulk of the EU instruments of which EU criminal law is composed are designed to help and encourage the criminal justice systems of the various Member States to work together, rather than to impose upon them uniform rules of criminal law or criminal procedure devised by EU law-making institutions.


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