scholarly journals New EU Enlargement Strategy Towards the Western Balkans and Its Impact on Rule of Law

2021 ◽  
Vol 1 ◽  
pp. 37-58
Author(s):  
Marina Matić Bošković ◽  
Jelena Kostić
Keyword(s):  
Rule Of Law ◽  
Eu Enlargement ◽  
Fundamental Rights ◽  
Western Balkans ◽  
New Approach ◽  
The Rule Of Law ◽  
Balkan Countries ◽  
Accession Countries ◽  
Enlargement Strategy ◽  
The Eu

The rule of law is incorporated in the EU Founding Treaties and case-law of the Court of Justice of the EU and was included as a key requirement already in 1993 Copenhagen accession criteria. The EU enlargement is not only territorial increase, but also transposition of EU acquis to third countries. Since 1993, the monitoring mechanism of the rule of law reform in the EU accession countries was enhanced, including two specific negotiation chapters, Chapter 23 – judiciary and fundamental rights and Chapter 24 – justice, freedom and security. Over the last two decades, the EU was struggling to develop an adequate mechanism in this area, from mechanism for coordination and verification, to action plans for Chapter 23, to more specific tools like perception and experience surveys of the judiciary and functional reviews. Due to the challenges to measure progress and track record in the rule of law, in February 2020 the European Commission presented the new approach to EU Enlargement that aims to push reforms forward. The intention is to make the accession negotiations more credible, predictable and dynamic and criteria for assessing reforms in the accession countries will be based on the clearer criteria and more concise EU requirements. The article examines how EU enlargement policies influenced the rule of law reforms in Western Balkan countries over the years and what could be expected from the new approach. The research hypothesis is based on the correlation between Enlargement strategy towards the Western Balkans and its impact on rule of law in countries of the mentioned region. The methodological approach applied in the assessment is based on analysis of Enlargement strategy and other EU and national documents, as well as results of the work of judicial institutions in order to provide insight into the bottlenecks of the state rule of law in Western Balkan countries and enable identification of recommendations for improvement. The authors concluded that the new methodology would improve the measurability of the achieved results in the rule of law area, however, the approach might slow down the accession process of Serbia and Montenegro as a frontrunners in the process.

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 Alice is not missing wonderland the eastward enlargement of the European Union

2005 ◽  
Vol 50 (165) ◽  
pp. 33-53
Author(s):  
Miroslav Prokopijevic
Keyword(s):  
Rule Of Law ◽  
Eu Enlargement ◽  
Unintended Consequences ◽  
The European Union ◽  
The Rule Of Law ◽  
Accession Countries ◽  
Speed Up ◽  
Catch Up ◽  
Gdp Gap ◽  
The Eu

In this paper I will try to show that the EU enlargement from 2004 is not a good economic move for eight newcomers from Central and Eastern Europe (CEECs). It is unlikely that newcomers will get larger FDI, speed up their economic growth and catch up with richer EU countries, although this was broadly advertised both academically and by the EU "propaganda for happiness." The EU subsidies, intended to offset accession costs, turn out to be useless if not damaging for acceding economies, because they change the structure of incentives. So, instead of being rewarded for accession accession countries are going to be punished twice. Firstly, by lower FDI and a persisting GDP gap. Secondly, by getting subsidies which worsen the situation. CEECs would be better off staying outside the EU and continuing to improve economic freedom and the rule of law. But even after they have acceded, there is still some space for reasonable objectives of the CEECs due to unintended consequences of the socialist enlargement design.

scholarly journals Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States?

2020 ◽  
pp. 1-22
Author(s):  
Aida TORRES PÉREZ
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
The Rule Of Law ◽  
Rights Protection ◽  
Scope Of Application ◽  
Judicial Protection ◽  
Eu Fundamental Rights ◽  
The Eu

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.

Judicial independence as a precondition for mutual trust? The CJEU in Minister for Justice and Equality v. LM

2018 ◽  
Vol 9 (3) ◽  
pp. 353-365 ◽  
Author(s):  
Petra Bárd ◽  
Wouter van Ballegooij
Keyword(s):  
Member State ◽  
Rule Of Law ◽  
Mutual Recognition ◽  
Judicial Independence ◽  
Fundamental Rights ◽  
Judicial Cooperation ◽  
The Rule Of Law ◽  
State Compliance ◽  
The Right ◽  
The Eu

This article discusses the relationship between judicial independence and intra-European Union (EU) cooperation in criminal matters based on the principle of mutual recognition. It focuses on the recent judgment by the Court of Justice of the EU in Case C-216/18 PPU Minister for Justice and Equality v. LM. In our view, a lack of judicial independence needs to be addressed primarily as a rule of law problem. This implies that executing judicial authorities should freeze judicial cooperation in the event should doubts arise as to respect for the rule of law in the issuing Member State. Such a measure should stay in place until the matter is resolved in accordance with the procedure provided for in Article 7 TEU or a permanent mechanism for monitoring and addressing Member State compliance with democracy, the rule of law and fundamental rights. The Court, however, constructed the case as a possible violation of the right to a fair trial, the essence of which includes the requirement that tribunals are independent and impartial. This latter aspect could be seen as a positive step forward in the sense that the judicial test developed in the Aranyosi case now includes rule of law considerations with regard to judicial independence. However, the practical hurdles imposed by the Court on the defence in terms of proving such violations and on judicial authorities to accept them in individual cases might amount to two steps back in upholding the rule of law within the EU.

The Environmental Challenges of EU Enlargement

2014 ◽  
Vol 11 (1) ◽  
pp. 49-68
Author(s):  
Aleksandra Čavoški
Keyword(s):  
Eu Enlargement ◽  
Integration Process ◽  
Western Balkans ◽  
Policy Area ◽  
Institutional Economic ◽  
Eu Integration ◽  
Weakest Link ◽  
Accession Countries ◽  
The Eu

Although the implementation of the acquis is a crucial element of the EU integration process, it is recognised as its ‘weakest link’. The implementation deficit is especially apparent with the EU environmental acquis, both in the existing member states and the accession countries. Most recently, following the accession of Croatia, the EU faces prospective enlargement to other Western Balkans countries. The author argues that there are specific problems in implementing the environmental acquis in accession countries and that the case of Serbia, or other countries of the Western Balkans, is not particularly unique. The case study used to support this argument is the implementation of the waste acquis in Serbia as it represents a highly demanding and costly policy area for national authorities and the country faces extensive legal, institutional, economic and financial challenges in implementing the environmental acquis.

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.

Domestic Infringements of the Rule of Law as a European Union Problem

2018 ◽  
Vol 64 (4) ◽  
pp. 552-560 ◽  
Author(s):  
Marek Safjan
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Fundamental Rights ◽  
The Rule Of Law ◽  
Communist System ◽  
Domestic Legislation ◽  
Charter Of Fundamental Rights ◽  
New Type ◽  
The One ◽  
The Eu

In some countries of central Europe the rule of law is directly threatened by a new type of legislation based on the zeal of the political majority to establish a completely different political system than the one that was built after the collapse of the communist system. From that perspective, there is little place for the principle of separation of powers and the independence of the judiciary is threatened. This contribution discusses the multilevel dimension of the rule of law principle in the EU, issues in the context of the disrespect for the rule of law as a case of systemic deficiencies, followed by a brief discussion of the Copenhagen accession criteria. The article concludes that the rule of law principle as recognised under EU law is by no means of a merely symbolic nature, and that domestic legislation abolishing key safeguards of the rule of law can be scrutinized not only under the EU Charter of fundamental rights, where applicable, but also under the TEU. Without the solidarity of all Europeans, however, the preservation of our basic values and the future of the EU are in serious danger.

scholarly journals Trade regimes and bilateral trade in the EU enlargement process: Focus on the Western Balkans

2015 ◽  
Vol 65 (2) ◽  
pp. 249-270 ◽  
Author(s):  
Radmila Dragutinović-Mitrović ◽  
Predrag Bjelić
Keyword(s):  
Bilateral Trade ◽  
Eu Enlargement ◽  
Special Focus ◽  
Trade Integration ◽  
Western Balkans ◽  
Regional Trade ◽  
Balkan Countries ◽  
Trade Regimes ◽  
Bilateral Trade Flows ◽  
The Eu

This paper aims at investigating the role of different trade regimes in determining the bilateral trade of Western Balkan countries and the enlarged European Union between 2001—2010. Special focus is laid on the intra-regional trade of Western Balkan countries and complementarities of this sub-regional trade integration and the EU accession process. Using panel data, we estimated the gravity model of bilateral exports from Western Balkan and Central Eastern European countries to the core EU members in the 2001–2010 period. The results confirm the importance of EU membership for the development of acceding countries’ trade and shed light on asymmetrical trade regimes as important factors of boosting the bilateral trade flows. Additionally, CEFTA 2006 has a significant contribution to intra-regional Western Balkans trade.

scholarly journals Values and objectives of the EU in light of Opinion 1/17: ‘Trade for all’, above all

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Ivana Damjanovic ◽  
Nicolas de Sadeleer
Keyword(s):  
Rule Of Law ◽  
Trade Agreement ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
European Convention ◽  
Court System ◽  
Eu Law ◽  
The European Union ◽  
The Rule Of Law ◽  
The Eu

In Opinion 1/17 the Court of Justice of the European Union (CJEU) ruled that the new Investment Court System (ICS) in the Canada–EU Comprehensive Economic and Trade Agreement (CETA) is compatible with the EU constitutional framework. This article examines the CJEU’s analysis of the ICS in its Opinion through the prism of EU values and objectives. Given the judicial nature of the ICS, the article unfolds around the concept of the rule of law. The scope and the content of this core EU value are considered under both EU law and the European Convention on Human Rights (ECHR). In particular, the ICS is analysed in light of the two core rule-of-law requirements: equal treatment and the independence of courts, enshrined in Articles 20 and 47 of the Charter of Fundamental Rights (CFR). Importantly, in Opinion 1/17 the CJEU for the first time applied Article 47 CFR to a court outside the EU judicial system. While the CJEU ruled that the ICS complies with the CFR rule-of-law criteria, this article argues that it nevertheless falls short of the rule-of-law standards required for judicial bodies under EU law. The article demonstrates that the CJEU prioritises free and fair trade as the CETA’s core objective, rather than the rule of law, and endorses the ICS as the conditio sine qua non of guaranteeing such trade. The Court’s findings have wider consequences for the rule of law in international law as the EU continues to pursue the establishment of a Multilateral Investment Court (MIC).

scholarly journals Brexit and Western Balkans

2021 ◽  
Vol 1 (1) ◽  
pp. 55-70
Keyword(s):  
Soft Power ◽  
Eu Enlargement ◽  
Western Balkans ◽  
Theoretical Concepts ◽  
Security Culture ◽  
The United Kingdom ◽  
Eu Membership ◽  
Balkan Countries ◽  
The Uk ◽  
The Eu

This article analyses effects of Brexit on relations between the United Kingdom and the Western Balkan countries (Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia). First, the symbolism of the UK departure from the EU for the Western Balkans is explained. In the following step, multiple types of relations (in trade, security, culture) between the post-Brexit UK and this region are analysed using the theoretical concepts of linkage, leverage and soft power. Finally, the consequences of Brexit on further EU enlargement are presented. The research has confirmed the initial hypotheses. First, as expected, the volume and density of UK-Western Balkan relations will be reduced after Brexit. Second, Western Balkans is of a very limited interest for the UK, primarily in security. Third, Brexit has not in a serious way changed the already existing low chances of EU accession for the Western Balkan countries. The reason for this has little to do with the UK’s presence in or absence from the EU and is rather a consequence of the majority view within the Union (that Britain had already shared before Brexit) concerning further enlargement and low level of preparation of Western Balkan countries for EU membership.

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