scholarly journals The Stabilization and Association Agreement between Bosnia and Herzegovina and the European Union

10.1596/28222 ◽  
2017 ◽  
Author(s):  
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.   


Author(s):  
Oleksandr Malashko ◽  
◽  
Serhii Yesimov ◽  

The article examines trends in the development of legal regulation of information security in Ukraine in the context of the implementation of the Association Agreement between Ukraine and the European Union. The current information legislation and regulations on information security are analyzed. The tendencies in the legal regulation of information security that took place at the initial stage of the formation of information legislation are revealed. Based on the factors that took place before the adoption of the Doctrine of information security of Ukraine, the laws of Ukraine “On the basic principles of ensuring the cybersecurity of Ukraine”, “On the national security of Ukraine”, in the context of the current legislation, based on the methodology of legal forecasting, it is concluded that in the future the development of normative legal information security will be developed on the basis of by-laws, mainly at the departmental level.


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.


2000 ◽  
Vol 42 (2) ◽  
pp. 35-62 ◽  
Author(s):  
José Antonio Sanahuja

Mexico and the European Union signed a new Political and Economic Association Agreement in December 1997 and ultimately a free-trade agreement in March 2000, aiming to establish a new model of relations with a more dynamic trade and investment component. This article analyzes the 1997 agreement as background to the final accord. Economic and political changes in the 1990s modified both parties’ participation in the international political economy, helping to overcome some of the structural obstacles to the relationship. The policy toward Latin America adopted by the EU in 1994 was influential. The negotiation process revealed divergences over the scope of the liberalization process and the so-called democracy clause.


2021 ◽  
Author(s):  
Maistro S. ◽  
Kropyvnytskyi V. ◽  
Krykhtina Yu. ◽  
Treskov A.

The article describes the peculiarities of the formation and implementation of state policy for the development of various branches and spheres in the context of European integration of Ukraine. The degree of effectiveness of the Association Agreement between Ukraine and the European Union in various branches and spheres has been determined. The problematic aspects and contradictions of the state policy of development of various branches and spheres in the context of the implementation of the Association Agreement are highlighted. The ways of transformation of the state policy of development of various branches and spheres in the conditions of European integration of Ukraine are determined.


Author(s):  
Mirza Mehmedović

In the middle of the second decade of the twenty-first century, Bosnia and Herzegovina is at the crossroads of political, economic and cultural revitalization of the society as a country that declarative aims for application of European principles of political organization and the membership in the European Union. On this way there are many open issues that are the result of twenty years of political and economic stagnation or collapse of all elements that should be the foundation for the stabilization of a modern democratic society in Bosnia and Herzegovina. The internal reconstruction of the political system and the revitalisation of the institutions of the government or different holders of political reforms means at the same time the fulfilment of the conditions of accession to Euro-Atlantic integration. The development of a unified media policy in Bosnia and Herzegovina, and the establishment of public media service in accordance with the requirements of the European Union and the interests of all citizens are the top issues among the many current challenges that we have to deal with in the future. But for Bosnia and Herzegovina it is not exclusively the interest of communicational research. It must be necessarily seen in the wider context as a political, cultural and economic issue, because the establishment of a single media/communication system is one of the key requirements for a political compromise, the integration of society and the harmonization of other common (primarily economic) interests for all citizens of Bosnia and Herzegovina. One of the key requirements for defining a unified media policy in Bosnia and Herzegovina is agreeing / reconciliation of all complex (heterogeneous) cultural characteristics, as well as the specific characteristics of modern communication situation in a model that would respond to the specific information needs of citizens and the standards applied by the European Union.


Corporate governance provides an answer to the question who controls the corporation and how. It involves a set of relationships between management, shareholders and stakeholders. Corporate governance in Bosnia and Herzegovina is within the legal jurisdiction of entities, and consequently there are two substantially aligned and yet completely distinct corporate governance systems, which separates Bosnia and Herzegovina as a state in the international environment into a specific category in terms of corporate governance. This paper will analyze ownership concentration in order to identify the characteristics of the corporate governance systems, then it will present the principles on which the legal framework for corporate governance in Bosnia and Herzegovina is defined, compare the business transparency standards with the transparency directive in the EU, and measure the quality level of corporate governance in order to define key areas for improvement of corporate governance in Bosnia and Herzegovina. The development and characteristics of the corporate governance systems in Bosnia and Herzegovina will be explored and compared with the regulatory framework and standards of corporate governance in the European Union. Special emphasis is on comparing the transparency principles and standards of corporations in Bosnia and Herzegovina with corporations in the European Union. The aim of the research is to compare the regulatory framework and characteristics of the corporate governance system in corporations in Bosnia and Herzegovina with the standards in the European Union, to identify similarities and differences and to define key areas for improvement of corporate governance in Bosnia and Herzegovina.


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.


Sign in / Sign up

Export Citation Format

Share Document