Abstract

The phenomenon of refurbished ethnic nationalism, which, in the republics of former Yugoslavia, had started already in the late eighties and early nineties, have undoubtedly had devastating consequences for numerous citizens of all successor states. The armed conflicts in the 90-ies have been fuelled by the discourse based on excessive self-victimisation, highly mediatised revival of frustrations originating from the First and the Second World and nationalistic myths. In spite of the fact that the last two decades have brought relatively peaceful coexistence, the global economic crisis and new vague of migrations from Middle East and Africa have caused the revival of the nationalistic discourse all over Europe, including the countries of former Yugoslavia. However, all ex-Yugoslav countries share an important legal, political and cultural heritage, while, during at least last twenty years, the perspective (or realization) of the membership in the EU have certainly had certain calming effects on inter-ethnic relations in the entire region now often referred to as the Western Balkans. One of the important vectors of influence that the EU has-both on its member states and on candidates for membership-is the process of harmonisation of national legislations with the EU acquis. Notwithstanding the fact that the effect of this process on nationalistic discourse and hatred that it generates are mainly meta-legal and indirect, it is beyond any doubt that the EU's political agenda and its legal and economic system can give significant incentive to the reduction of interethnic tensions. The ambition of this article is to demonstrate the results in this process, the obstacles that are still on its way, as well as to propose some solutions.

Highlights

  • Compared to numerous other ex-socialist European states, the political and legal system of the former Yugoslavia was relatively liberal, mainly in the sphere of economy – it allowed individual entrepreneurship and provided basic guarantees of private property

  • The country enjoyed more than four decades of undeniable economic, societal and cultural prosperity – the situation allowing various kinds of inter-ethnic interactions and enabling the creation of strong cultural and identitary ties, which, according to some, enabled the appearance of the first generations of ‘real Yugoslavs’1 – strengthening of nationalisms led to the dismantling of the federal state in the most devastating armed conflict in Europe after the 2nd World War

  • The European Union (EU)-related legal and political mechanisms potentially influencing various manifestations of the nationalism will be examined in the second chapter, while the closing chapter will be dedicated to the revival of nationalism and the EU, with the focus on how to apply lessons learned from the ex-Yugoslav case

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Summary

Introduction

Compared to numerous other ex-socialist European states, the political and legal system of the former Yugoslavia was relatively liberal, mainly in the sphere of economy – it allowed individual entrepreneurship and provided basic guarantees of private property. This was the case after the break, in June 1948, with Stalin’s Soviet Union, the. The common political and legal legacy of Yugoslav republics is the result of a weak federalism established by the second of these texts It has kept the official name of the country, approved by the 1963 Constitution (Socialist Federal Republic of Yugoslavia – SFRY), the new 1974 Constitution made a profound change in country’s federal model. Country’s weak constitutional basis and devastating effects of Serbian, Croatian and Bosnian nationalisms had put an end to the Second Yugoslavia and heavily deteriorated the relations between the newly born countries in the region of Western Balkans

Importance of the federal legal heritage
The indirect influence of the EU in the prevention of nationalistic discourse
Role of the harmonisation of national legal systems with the EU acquis
Findings
Conclusion
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