scholarly journals Legal and politological aspects of competition in Bosnia and Herzegovina as a paradigm of the European integration process

2020 ◽  
Vol 1 (14) ◽  
pp. 55-68
Author(s):  
Kanita Imamović-Čizmić ◽  
Samir Sabljica

As a country in transition and development, committed to the path towards membership in the European Union, Bosnia and Herzegovina encounters many challenges and obstacles in terms of fulfilling the tasks set before it. Quite complicated governmental and legal arrangement determines the pace of achieving the tasks that are prerequisites for the European Union membership status. By signing the Stabilisation and Association Agreement, Bosnia and Herzegovina assumed the obligation to gradually harmonise the national legislation with the EU legislation in the most important areas related to the internal market. In this context, one of highly important ones is the area of competition law. This paper analyses the quality of solutions provided by the normative and institutional framework of the market competition protection in Bosnia and Herzegovina by using the normative, historical, comparative, and content analysis methods. Basic features of the Stabilisation and Association Agreement between Bosnia and Herzegovina and the EU are presented through a chronological summary of the integration process of BiH into the EU. The primary hypothesis of the paper is that recent legal solutions in the area of competition do not follow the current legal standards of the competition regulations in the EU. Analytical overview of annual reports on the operation of the Council of Competition as regulatory body in Bosnia and Herzegovina shows that competition is a typical example of the ‘crawling’ integration of Bosnia and Herzegovina to the EU. It is quite obvious that the lack of political will of the ruling structures slows the integration processes down. This area requires an efficient enforcement of competition regulations whose implementation enables the companies to act in line with the law. Without adequate and prompt amending of the Law on Competition and related by-laws there can be no positive evaluation of the European Commission concerning the progress of Bosnia and Herzegovina.   

Oikos ◽  
2015 ◽  
Vol 14 (29) ◽  
pp. 13
Author(s):  
Olga María Cerqueira Torres

RESUMENEn el presente artículo el análisis se ha centrado en determinar cuáles de las funciones del interregionalismo, sistematizadas en los trabajos de Jürgen Rüland, han sido desarrolladas en la relación Unión Europea-Comunidad Andina de Naciones, ya que ello ha permitido evidenciar si el estado del proceso de integración de la CAN ha condicionado la racionalidad política del comportamiento de la Unión Europea hacia la región andina (civil power o soft imperialism); esto posibilitará establecer la viabilidad de la firma del Acuerdo de Asociación Unión Europea-Comunidad Andina de Naciones.Palabras clave: Unión Europea, Comunidad Andina, interregionalismo, funciones, acuerdo de asociación. Interregionalism functions in the EU-ANDEAN community relationsABSTRACTIn the present article analysis has focused on which functions of interregionalism, systematized by Jürgen Rüland, have been developed in the European Union-Andean Community birregional relation, that allowed demonstrate if the state of the integration process in the Andean Community has conditioned the political rationality of the European Union towards the Andean region (civil power or soft imperialism); with all these elements will be possible to establish the viability of the Association Agreement signature between the European Union and the Andean Community.Keywords: European Union, Andean Community, interregionalism, functions, association agreement.


2022 ◽  
pp. 260-277
Author(s):  
Domagoj Galić ◽  
Dražen Barbarić ◽  
Ana-Mari Bošnjak

The European Union (EU) and Bosnia and Herzegovina have a long and specific relationship dating back to the early 1990s and the break-up of the former Yugoslavia. While the EU didn't present itself in a flattering light during the breakup of the SFRY, after the Dayton Peace Agreement and post-conflict governance, it tried to impose itself as a factor of stability in the eyes of B&H public. The aim of the chapter is to present key elements, problems, and consequences of unsuccessful integration into the EU. After a short presentation of the chronology of relations between B&H and the EU, the authors aim to answer several questions. First, what are the main issues in B&H-EU relations? Second, who is responsible for the stalemate in integration process? Third, how successful is the EU conditionality policy towards B&H?


2016 ◽  
Vol 1 (127) ◽  
pp. 68-78
Author(s):  
Victor Muraviov

The signing of the Association Agreement by Ukraine with the European Union and its member-states provides for the country a perspective of its integration in the Union with possible membership in it upon the creation of the free trade area between both partners. The realization of the Association Agreement is carried out on the international and national levels and is exercised by various means-accessions by Ukraine to international treaties, making national laws consistent with legal acts of EU institutions, recognition by Ukraine of national standards of EU Member States, mutual recognition of rules of the other side etc. The effective using of implementation legal tools requires from Ukraine establishing the proper and relevant legal background. Certain prerequisites for the application of the EU law into the Ukrainian legal framework have been existed. Nevertheless, they require be improving and reforming. The legal mechanism for implementing acts of association is still unsettled. It is related to the Council and the Committee of the association decisions. The corresponding mechanism in Ukraine has not been set up. It has the same concern with the European standards. Ukraine has to transpose the array of technical regulations as national standards with the conformity with EU legislation. However, it is not clear how this will be achieved. The article is focused on the analysis of the legal bases of the interaction of the European Union law and the Law of Ukraine. Specially elucidated the questions of the correlation of the EU law and the law of Ukraine, as well as the actual means of the implementation of the EU law in the legal order of Ukraine. The ways of the improvement of the legal mechanism of the realization of the EU law in the internal legal order of Ukraine are determined. There is emphasized that integration of Ukraine into the European Union will require important amendments into Ukrainian Constitution and other national legislation to provide the legal prerequisites for the realization of the EU law in the internal legal order of Ukraine. Special attention is paid to the means of implementation of international legal obligations in Ukraine.


Author(s):  
Viktoriia STOIKA ◽  

European integration and the identification of obstacles to full membership in the European Union. Design/methodology/approach: The methodological and theoretical basis of the article is the fundamental provisions of economic theory, the works of scientists and economists in the field of international economic relations and integration. Findings: The article explores the problems of Ukraine’s integration into the EU. The study analyzed the attitude of Ukrainians towards European integration, identified the main arguments for and against accession to the EU countries, as well as the main internal and external threats of the integration process. It has been determined that in recent years the proportion of the population that has supported Ukraine’s accession to the EU has significantly increased. From the integration into the EU, Ukrainians primarily expect to expand the space of their own capabilities and the country's internal development in accordance with modern world trends. It is concluded that the population considers a high level of corruption in the country, problems in the Donbass and the inefficiency of public administration as the main obstacles to this process. Most residents of Ukraine consider it necessary to implement European reforms, but the consequence of their implementation has identified significant problems in terms of their real social effect. It is determined that Ukraine in some macroeconomic indicators lags significantly behind the EU countries, continues to lose its position in the global ranking of countries in terms of economic competitiveness, and remains one of the poorest countries in Europe. A significant problem for the development of Ukraine is the labor migration of the population and, in particular, the increase in the number of illegal migrants - Ukrainians in Europe. The main achievements in the implementation of the Association Agreement between Ukraine and the EU are analyzed and the main threats to the further European integration are identified. It is concluded that Ukraine needs to develop its own “action plan” for the possibility of realizing national interests, taking into account the interests of the parties involved in the integration process. Originality/value: The mood of Ukrainian society, the current position of the state, the main obstacles and priorities that Ukraine faces on the way to the EU have been analysed in detail.


2016 ◽  
pp. 110-119
Author(s):  
Łukasz Zamęcki

The aim of the paper is to analyse the sources of the crisis of legitimacy of the EU from the perspective of the intergovernmental paradigm. The paper also focuses on the nature of this crisis and the possibilities of increasing the legitimacy of the EU. The author claims that the crisis of legitimacy is a result of the fact that there is “too much Europe”, not “too little”. According to Andrew Moravcsik’s approach to intergovernmentalism, the EU crisis is a result of feeling that the European Union has ceased to be seen as an effective tool for realising the interests of the states, or that the states started to define their preferences in the integration process in an unreasonable way.


2020 ◽  
Vol 152 ◽  
pp. 102-111
Author(s):  
Igor V. Pilipenko ◽  

This article considers how to enhance the institutional structure of the Eurasian Economic Union (EAEU) in order to enable timely decision-making and implementation of governance decisions in the interests of Eurasian integration deepening. We compare the governance structures of the EAEU and the European Union (EU) using the author’s technique and through the lens of theories of neofunctionalism and intergovernmentalism elaborated with respect to the EU. We propose to determine a major driver of the integration process at this stage (the College of the Eurasian Economic Commission or the EAEU member states), to reduce the number of decision-making bodies within the current institutional structure of the EAEU, and to divide clearly authority and competence of remaining bodies to exclude legal controversies in the EAEU.


This encyclopedia offers the most comprehensive and up-to-date resource on the European integration process. Under the editorial directorship of Finn Laursen and associate editors Derek Beach, Roberto Domínguez, Sung-Hoon Park, Sophie Vanhoonacker, and Amy Verdun, the publication brings together peer-reviewed contributions by leading researchers on the European Union as a global actor. Topics include the basic treaties, institutions and policies of the European Union and the previous European Communities, the European Coal and Steel Community, the European Economic Community, and the European Atomic Energy Community. It also includes articles on the various conceptual frameworks and theories that have been developed by political scientists to guide research into the integration process and the policy- and decision-making processes with a focus on the roles of the different institutions, the European Council, the European Commission, the European Parliament, and the Court of Justice of the EU. Additionally, the publication includes articles on the member states as well as external relations and foreign policies of the EU. As a result, the Oxford Encyclopedia of European Union Politics is a vital resource for students, scholars, and policymakers.


2019 ◽  
Vol 5 (1) ◽  
pp. 174
Author(s):  
Oleh Predmestnikov ◽  
Vitaliy Gumenyuk

The policy of Ukraine for the establishment and development of relations with the European Union began in 1993, was carried out all the years of Ukraine’s existence, and received intensive deepening with the beginning of the formation of an international treaty – the Association Agreement, which includes a list of legal, social, economic, and technical regulations, and Deep and Comprehensive Free Trade Area (DCFTA), in 2014 and its final signing in 2017. Political and economic objectives of the Agreement are of fundamental importance to the future of both Ukraine and the whole European region. The political goal is to implement European standards on the territory of Ukraine. This implies the introduction of fundamental European values, namely democracy, rule of law, respect for human rights and the standards of the European security system. The Agreement does not foresee membership in the European Union, however, does not exclude such an opportunity in the future. The economic goal is to help to modernize the Ukrainian economy by expanding trade volumes with the EU and other countries, as well as reforming economic regulation mechanisms in line with the best European practices. Subject to the improvement of the business climate, Ukraine will become attractive for foreign and domestic investment for further production for export to the EU and other markets of the world. Harmonization of standards and European regulations has become a much more important process than the fulfilment of strictly technical requirements and underlies the introduction of effective governance without corruption. In the process of harmonization of interaction, an adaptive institutional mechanism was formed (the highest level – annual Summits; the key coordinator is the Association Council, consisting of members of the Council of the European Union and members of the European Commission, and members of the Cabinet of Ministers of Ukraine; the level of operational coordination – the Association Parliamentary Committee, which includes members of the European Parliament, representatives of the Verkhovna Rada of Ukraine, and the Civil Society Platform; in order to coordinate processes on the territory of Ukraine, the Ukrainian government has introduced a few supervisory committees and commissions). The harmonization of the economic aspect of the mechanism has been determined in solving issues of openness of markets for duty-free import from Ukraine in April 2014, obtaining a visa-free regime with the EU, abolishing export-import tariffs, implementing European technical standards for food safety, phytosanitary norms, competition policy, service provision, and public procurement policy. The issues of further deepening of relations include a review of the terms for the introduction of regulations and legislative provisions before their actual implementation, stabilization of financial and economic processes in the country, and further development of democratic values and social institutions.


2021 ◽  
Vol 7 (1) ◽  
pp. 127-133
Author(s):  
Mariia Sirotkina ◽  
Olena Lomakina ◽  
Olena Shkarnega

The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the adaptation of Ukrainian legislation is to approximate it with the modern European legal system, which will ensure the development of the political, entrepreneurial, social, cultural activity of Ukrainian citizens, economic development of the state within the EU to facilitate the increase of standards of living of the population. The implementation of the provisions of European legislation provided by the economic part of the Association Agreement (AA) is extremely important in the context of reforms, as the provisions can and should serve as a basis for a new model of socio-economic development of Ukraine. The deepening of the processes of humanization and democratization of Ukrainian society, the gradual introduction of principles and rules of European law into the national judiciary through reforms in the field of justice, inter alia, have led to qualitative updating of criminal procedure legislation of Ukraine, in particular: use of differentiated approach to legal conflicts between persons who have committed criminal offences, which do not pose a great public danger, and victims; simplification and reduction of the procedure of criminal proceedings; ensuring procedural savings; reduction of the caseload; allowing the parties of the conflict to resolve issues of exemption from criminal liability in case of reconciliation between the offender and the victim independently, the appointment of the negotiated punishment and release from serving with probation, etc. Given the specifics of the approach to improving relations with neighbouring countries on a differentiated basis, the EU seeks to identify and base on existing positive sources of sustainability, as well as to monitor and respond to weaknesses with the appropriate set of methods and resources at its disposal. The purpose of the article is to study a theoretical and practical definition of challenges of adaptation of Ukrainian legislation to the legislation of the European Union, institutional and organizational mechanisms of DCFTA implementation in the field of justice and certain norms of the current criminal procedure legislation. Ukraine is undergoing the second phase of radical reform of government structures; it has been continuing for 15 years but, unlike other countries, it is much more difficult for Ukraine to get rid of the burden of past problems. Judicial reform is also underway and domestic legislation is being significantly changed, including the transformation of the judicial proceedings. The topical issue of the development of judicial reforms is an imperfection, and sometimes a contradiction of regulations, which negatively affects the process of realization of rights and responsibilities of all subjects of public relations, slows down the development of Ukraine as a state governed by the rule of law. However, the introduction of institutions of concluding agreements, simplified proceedings, probation, and later mediation, into the criminal procedure legislation of Ukraine indicates the readiness of our state to change the concept of criminal procedure in accordance with the European standards, which will improve the situation of all parties to criminal proceedings. However, they need further completion and improvement. We are convinced that the introduction of such institutions will contribute to the legal development of society to achieve the European standards of restorative justice, which will encourage the further introduction of the latter in the legislation of Ukraine, resolving criminal conflicts by reaching a compromise between parties in cases specified by law. One of the ways to solve this problem in Ukraine is to regulate the process of adoption of regulations by the subjects of rule-making and taking into account the provision that legality as an objective property of law, in general, is the necessary condition and the main principle of the rule-making process.


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