The Western Balkans on the Way to the EU: Revisiting EU Conditionality

2021 ◽  
Author(s):  
Agne Limante
Keyword(s):  
Western Balkans ◽  
The Eu ◽  
The Way

scholarly journals The notion of ‘employer’: Towards a uniform European concept?

2021 ◽  
pp. 203195252199115
Author(s):  
Matthijs van Schadewijk
Keyword(s):  
Functional Approach ◽  
Working Relationships ◽  
Eu Law ◽  
Member States ◽  
Corporate Groups ◽  
European Legislation ◽  
Contractual Approach ◽  
First Time ◽  
The Eu ◽  
The Way

The growth in multilateral working relationships (e.g. agency work, chains of sub-contracting and corporate groups) is causing Member States to increasingly scrutinise their traditional, contractual approach to the notion of ‘employer’. So far, little attention has been paid to the boundaries and limits that EU law sets when defining the employer. The lack of attention may have come to an end with the recent AFMB judgment, in which the Court ruled, for the first time, that the concept of employer in a provision of EU law had to be given an autonomous and uniform interpretation throughout the EU. Starting from the AFMB judgment, the author analyses the concept of employer in EU law. The author finds that the concept of employer in EU law can be described as ‘uniform in its functionality’: in EU law, the national concept of the employer is never absolute, but the circumstances and the way in which the national concept must be set aside depend on the context and the objective of the European legislation in question. Through this functional approach, EU law partly harmonises the various national approaches to the concept of the employer. Nevertheless, a lack of specific reasoning on the part of the Court may grant the Member States considerable leeway to uphold their own views on the concept.

Schengen: Quo Vadis?

2020 ◽  
Vol 22 (2) ◽  
pp. 178-197 ◽  
Author(s):  
Marie De Somer
Keyword(s):  
Good Governance ◽  
Eu Policy ◽  
Border Regions ◽  
Implementation Practices ◽  
Quo Vadis ◽  
Border Controls ◽  
The Eu ◽  
The Way

Abstract The EU’s Schengen zone has been in crisis for over four years. This article critically reviews three scenarios on the way forward for the Schengen area that are currently circulating in the EU policy sphere. These include, first, proposals to improve the current rules on internal border checks within the Schengen Borders Code, either through reform or through better implementation practices. A second scenario relates to ideas on increasing the use of police checks in border regions as alternatives for internal border controls. A third scenario links to proposals on making access to the Schengen zone conditional on cooperation and good governance in the CEAS. It is submitted that the proposals in this third scenario are unfeasible for both political as well as legal reasons. More merit can be found in the discussions around the first two scenarios, albeit bearing in mind a number of important caveats.

scholarly journals Unia Europejska wobec Bałkanów Zachodnich w kontekście kryzysu migracyjnego w latach 2015‑2019

Politeja ◽  
2020 ◽  
Vol 17 (3(66)) ◽  
pp. 157-169
Author(s):  
Wawrzyniec Banach
Keyword(s):  
European Union ◽  
Theoretical Framework ◽  
Regional Security ◽  
The European Union ◽  
Western Balkans ◽  
Balkan Countries ◽  
Research Goal ◽  
Accession Process ◽  
Migration Crisis ◽  
The Eu

European Union towards Western Balkans in the Context of Migration Crisis 2015‑2019 The aim of the article is to analyse the actions taken by the European Union towards the Western Balkans in the context of the migration crisis. The study assumes that the migration crisis was an important factor accelerating the accession process of the Western Balkan countries to the European Union. In order to fulfil the research goal, an analysis of sources (European Union documents) was conducted. The paper uses elements of the theory of the regional security complex as a theoretical framework. Firstly, the activities of the European Union before the migration crisis are discussed. Next, the paper focuses on presenting the course of the crisis on the Western Balkan route. The further part of the study discusses the actions taken by the EU towards the countries of the Western Balkans in response to the migration crisis.

scholarly journals Challenges and prospects of German foreign policy

2012 ◽  
Vol 64 (4) ◽  
pp. 403-424
Author(s):  
Ognjen Pribicevic ◽  
Brano Miljus
Keyword(s):  
Foreign Policy ◽  
German Foreign Policy ◽  
Economic Power ◽  
Economic Policies ◽  
Western Balkans ◽  
Un Security Council ◽  
Long Time ◽  
World Economic ◽  
Economic Ties ◽  
The Eu

For the last few years, the German foreign policy has been under constant temptations and substantial reconsideration. The key role in resolving the difficult economic and financial crises in the EU, the development of close economic ties with the Russian and other rising world economic powers, the decision to sustain in the UN Security Council in deciding to authorise the use of force in Libya, as well as the dominant attitude towards the crises in Greece and Kosovo clearly shows the wish of Germany to pursue a more independent foreign policy. In spite of all these efforts and its huge economic power, Germany has failed to become a global political power. Moreover, in order to protect and develop its trade interests Germany must remain within the frameworks of the EU and the NATO. For a long time, Germany has been one of Serbia?s most important economic and political partners. Since it is realistic to expect that Germany will be more oriented towards developing its economic ties with the new world economic powers, the Western Balkans and Serbia will not be in the focus of its foreign and economic policies. Therefore, for Serbia, it will be useful to concentrate on the cooperation with the mighty German provinces that have their interests in developing this cooperation. In the future, the Kosovo issues will remain the main obstacle to it.

scholarly journals The exports from the western Balkans countries to the EU: The main problems and recommendations

2006 ◽  
Vol 51 (168) ◽  
pp. 49-72 ◽  
Author(s):  
Besim Culahovic
Keyword(s):  
European Union ◽  
Market Access ◽  
Supply Side ◽  
The European Union ◽  
Western Balkans ◽  
Serbia And Montenegro ◽  
Integration Strategy ◽  
The Republic ◽  
Trade Measures ◽  
The Eu

The European Union (EU) trade policy towards Western Balkan's countries (Albania, Bosnia-Herzegovina, Croatia, Serbia and Montenegro and the Republic of Macedonia) is one of the important tools of EU's integration strategy. The exports from the Western Balkan?s countries to the European Union(15) are preferred within special autonomous trade measures for the Western Balkan?s countries which were introduced by the EU in September 2000 (the 2000TM). The 2000TM are a far-ranging set of preferences which provide the Western Balkan?s countries with unparalleled market access to the EU, and hence with the potential both to develop the existing exports and to generate new exports. However, the Western Balkan?s countries exports to the EU are far below the level which could reasonably be expected. In all Western Balkan?s countries a number of supply-side and domestic policy reasons are identified for this under-performance, which suggests that the 2000TM are likely in part to rectify the situation. The economic regeneration of the Western Balkan?s countries will depend on the success of internal economic reform and on the adoption of economic and trade policies which specifically identify and address some serious supply-side constraints.

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.

scholarly journals SOLIDARITY CHECK IN TIMES OF COVID-19. ANALYSIS OF THE EU APPROACH TOWARDS ITS CLOSEST NEIGHBOURS WITH A SPECIAL FOCUS ON MONTENEGRO

2021 ◽  
Author(s):  
Stefan Đurić ◽  
Bojana Lalatović
Keyword(s):  
European Union ◽  
Complex Structure ◽  
Special Focus ◽  
The European Union ◽  
Negative Consequences ◽  
Western Balkans ◽  
Governance System ◽  
Member States ◽  
Balkan Countries ◽  
The Eu

Solidarity as one of the cornerstone values of the European Union has been once again seated on the red chair and intensively discussed within the European Union and broader. After the economic recession and migrant crisis that marked the last two decades, the outbreak of the COVID-19 pandemic has once again harshly tested the fundamental objectives and values of the European Union and the responsiveness and effectiveness of its governance system on many fronts. In April, 2020 several EU Member States were among the worst affected countries worldwide and this situation soon became similar in their closest neighbourhood. It put a huge pressure on the EU to act faster, while at the same time placing this sui generis community to the test that led to revealing its strengths and weaknesses. As it happened in the previous crises, the Union launched policies and various programmes that were meant to lessen the burden of the Member States and aspiring countries caused by the crises. The objectives of the mentioned soft law instruments that the EU adopted during the COVID-19 crisis has been not only to show that EU law is equipped to react to health and economic crises rapidly but to deliver its support in terms of solidarity to its Member States and its closest neighbours facing the unprecedented health and economic crisis. This article will explore the value and implication of the solidarity principle in times of Covid-19 in its various manifestations. A special focus will be on the financial and material aspects of the EU instruments created to combat the negative consequences of the pandemic and their further impact on shaping the solidarity principle within the EU system. While examining the character and types of these mechanisms a special focus will be placed on those available to Western Balkan countries, whereas Montenegro as the “fast runner” in the EU integration process will be taken as a case study for the purpose of more detailed analyses. One of the major conclusions of the paper will be that although the speed of the EU reactions due to highly complex structure of decision making was not always satisfying for all the actors concerned, the EU once again has shown that it is reliable and that it treats the Western Balkan countries as privileged partners all for the sake of ending pandemic and launching the socio-economic recovery of the Western Balkans. Analytical and comparative methods will be dominantly relied upon throughout the paper. This will allow the authors to draw the main conclusions of the paper and assess the degree of solidarity as well as the effectiveness of the existing EU instruments that are available to Montenegro and aimed at diminishing negative consequences of the crisis.

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