scholarly journals КЉУЧНЕ УСТАВНЕ ПРЕПРЕКЕ ЧЛАНСТВУ СРБИЈЕ У ЕВРОПСКОЈ УНИЈИ

TEME ◽  
2018 ◽  
pp. 935
Author(s):  
Vladimir Džamić ◽  
Žaklina Spalević
Keyword(s):  
European Union ◽  
Political System ◽  
Legal Framework ◽  
Democratic Consolidation ◽  
The Political ◽  
The European Union ◽  
European Union Law ◽  
Consolidation Process ◽  
Parliamentary System ◽  
Judicial Authority

In this paper, the authors deal with the analysis of the essential obstacles to the accession of Serbia to the European Union and to the successful finalization of the accession negotiations, in terms of the existing constitutional and legal framework. Unlike other studies in this field, the authors analyse the formal and material obstacles that relate not solely to the technical amendments to the Constitution, such as inserting the integrative clause or adopting the European Union Law, but to the changes that they consider essential, such as the redefining of the political system and, consequently, the successful finalization of the democratic consolidation process in Serbia. The authors analyse the relation between the constitutional revision and the negotiation Chapter 35, which deals with the negotiations between Belgrade and Priština within the Brussels Agreement. In a separate chapter, the authors analyse the specific possibilities for the improvement of the political system in Serbia, through the strengthening of the free parliamentary mandate and the strengthening of the parliamentary system, but also through the change in the manner of electing judges and prosecutors, as well as through the strengthening of the independence of the judicial authority.

scholarly journals Artificial intelligence, Digital Single Market and the proposal of a right to fair and reasonable inferences: a legal issue between ethics and techniques

2019 ◽  
Vol 5 (2) ◽  
pp. 75-91
Author(s):  
Alexandre Veronese ◽  
Alessandra Silveira ◽  
Amanda Nunes Lopes Espiñeira Lemos
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Single Market ◽  
Legal Issue ◽  
The European Union ◽  
European Union Law ◽  
General Data Protection Regulation

The article discusses the ethical and technical consequences of Artificial intelligence (hereinafter, A.I) applications and their usage of the European Union data protection legal framework to enable citizens to defend themselves against them. This goal is under the larger European Union Digital Single Market policy, which has concerns about how this subject correlates with personal data protection. The article has four sections. The first one introduces the main issue by describing the importance of AI applications in the contemporary world scenario. The second one describes some fundamental concepts about AI. The third section has an analysis of the ongoing policies for AI in the European Union and the Council of Europe proposal about ethics applicable to AI in the judicial systems. The fourth section is the conclusion, which debates the current legal mechanisms for citizens protection against fully automated decisions, based on European Union Law and in particular the General Data Protection Regulation. The conclusion will be that European Union Law is still under construction when it comes to providing effective protection to its citizens against automated inferences that are unfair or unreasonable.

scholarly journals Electoral and Mechanical Causes of Divided Government in the European Union

2007 ◽  
Vol 41 (10) ◽  
pp. 1349-1370 ◽  
Author(s):  
Philip Manow ◽  
Holger Döring
Keyword(s):  
European Union ◽  
Political System ◽  
Mechanical Effect ◽  
Democratic Legitimacy ◽  
Divided Government ◽  
The Political ◽  
The European Union ◽  
Government Formation ◽  
European Elections ◽  
The Eu

Voters who participate in elections to the European Parliament (EP) apparently use these elections to punish their domestic governing parties. Many students of the EU therefore claim that the party—political composition of the Parliament should systematically differ from that of the EU Council. This study shows that opposed majorities between council and parliament may have other than simply electoral causes. The logic of domestic government formation works against the representation of more extreme and EU-skeptic parties in the Council, whereas voters in EP elections vote more often for these parties. The different locations of Council and Parliament are therefore caused by two effects: a mechanical effect—relevant for the composition of the Council—when national votes are translated into office and an electoral effect in European elections. The article discusses the implications of this finding for our understanding of the political system of the EU and of its democratic legitimacy.

scholarly journals The European Union market from the aspect of the competition and basic values of Roman law

2020 ◽  
Vol 37 (4) ◽  
pp. 65-75
Author(s):  
Milica Stojković
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Economic Life ◽  
Roman Law ◽  
The European Union ◽  
European Union Law ◽  
Positive Effects ◽  
The Rich ◽  
Business Entities ◽  
Social Wealth

The rich treasury of Roman law requires a continuous scientific research. The values of Roman law in the process of globalization are achieving the notable results in the creation of a new ius commune. Today, the logistical aspect of the European legal systems takes place in the domain of Roman law, and some of its values are recognizable in the course of economic life on the market within the encounter of the national and European Union Law. The methodological and institutionalized framework of the competition law is used to achieve positive effects in the single market, paving the way for the even distribution of social wealth. The market cannot neutralize the behavior of business entities using the competition to achieve extra profits. So, detecting and placing all possible forms of embezzlement used by business entities under the legal framework is a difficult task dealt with by competition policy entities, largely using the legal institutes of Roman law.

scholarly journals The political system of European Union after European Parliament Election of 2019

2019 ◽  
pp. 15-30
Author(s):  
Andrii Martynov
Keyword(s):  
European Union ◽  
European Integration ◽  
Political System ◽  
European Parliament ◽  
The Political ◽  
The European Union ◽  
National Parliaments ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The politics of the European Union are different from other organizations and states due to the unique nature of the EU. The common institutions mix the intergovernmental and supranational aspects of the EU. The EU treaties declare the EU to be based on representative democracy and direct elections take place to the European Parliament. The Parliament, together with the European Council, works for the legislative arm of the EU. The Council is composed of national governments thus representing the intergovernmental nature of the European Union. The central theme of this research is the influence of the European Union Political system the Results of May 2019 European Parliament Election. The EU supranational legislature plays an important role as a producer of legal norms in the process of European integration and parliamentary scrutiny of the activities of the EU executive. The European Parliament, as a representative institution of the European Union, helps to overcome the stereotypical notions of a “Brussels bureaucracy” that limits the sovereignty of EU member states. The European Parliament is a political field of interaction between European optimists and European skeptics. The new composition of the European Parliament presents political forces focused on a different vision of the strategy and tactics of the European integration process. European federalists in the “European People’s Party” and “European Socialists and Democrats” consider the strategic prospect of creating a confederate “United States of Europe”. The Brexit withdrawal from the EU could help the federalists win over European skeptics. Critics of the supranational project of European integration do not have a majority in the new composition of the European Parliament. But they are widely represented in many national parliaments of EU Member States. The conflicting interaction between European liberals and far-right populists is the political backdrop for much debate in the European Parliament. The result of this process is the medium term development vector of the European Union.

scholarly journals BREXIT AS A MANIFESTATION OF THE CRISIS OF LIBERAL DEMOCRACY IN THE UNITED KINGDOM

2019 ◽  
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Liberal Democracy ◽  
Political System ◽  
The Political ◽  
The European Union ◽  
The United Kingdom ◽  
The World ◽  
Populist Movements

The publication is devoted to the analysis of the UK exit from the European Union as a manifestation of the systemic crisis of the liberal democracy model. The causes and difficulties of this process are analyzed under the conditions of the failure of the political system to make political decisions. The problematic issues of liberal ideology and the model of liberal democracy were examined. The differences in the ideological convictions of the two founders of liberalism – Thomas Hobbes and John Locke, as well as the role of these differences in the modern functioning of liberal democracy in the United Kingdom. The role of globalization processes in the world in the context of the development and functioning of liberal democracy is analyzed. Some features of the course of globalization processes in the world are highlighted. The features of the existence of the European Union as an international supranational organization in the context of its influence on the functioning and stability of the political system of the United Kingdom are examined. The features of the functioning of the model of liberal democracy under conditions of strengthening the international way of making political, economic and legal decisions are emphasized. Particular attention is paid to the political motives of organizing of start of the process of the UK’s exit from the European Union, as well as the consequences of such a decision. In addition, the role of populist movements in this process, that have Euro-skeptical positions, has been established. The features of the functioning of populist movements are highlighted. The essence of the crisis of the model of liberal democracy in the United Kingdom is determined. The author analyzes the risks of the United Kingdom leaving the European Union in the context of a peace settlement of the conflict in Northern Ireland as one of the indicators of the crisis of the liberal political system. In conclusion is performed analysis of some results of the referendum on the withdrawal of the United Kingdom from the European Union.

The Political System of the European Union

2003 ◽  
pp. 92-110 ◽  
Author(s):  
Neill Nugent ◽  
William Paterson
Keyword(s):  
European Union ◽  
Political System ◽  
The Political ◽  
The European Union

Cooperatives in Ukraine: Applicative Peculiarities of Legal Integration up to the EU Standards

2019 ◽  
Vol 9 (5) ◽  
pp. 1789
Author(s):  
Valentyna A. VASYLIEVA ◽  
Alla V. ZELISKO ◽  
Olga I. ZOZULIAK
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
The European Union ◽  
European Union Law ◽  
Social Nature ◽  
The Social ◽  
Market Relations ◽  
The Eu

The article deals with the peculiarities of the processes of adaptation of the legal regulation of cooperatives in post-socialist states (as exemplified by Ukraine) to the requirements of the European Union. Such features are formed taking into account historical, social and economic prerequisites of the development of the modern legal framework of Ukraine. Authors are focused on problems of pecuniary autonomy of cooperatives; the possibility of its full-fledged activities as the parties to market relations; implementation of legal mechanisms that can increase competitive advantage of cooperatives in present-day conditions; increase the level of security and protection of rights and interests of cooperative members. It is proved that the effective entrepreneurial activity of the cooperative is rather compatible with the social nature of the latter, moreover – it contributes to the implementation of such a nature. Behind the arguments in favor of such an approach there is the principle declared in the practices of the European Union law – the focus of cooperatives on the affirmation of the interests of its members.

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