Accession Of New States Research Articles

The Procedure for Admitting New Members to the European Union: Legal Aspect

INTRODUCTION. The article is devoted to the process of accession of new states to the European Union (EU). The authors try to demonstrate the evolution of the procedure for admitting new members since the formation of the European Communities and identify the main subjects of this procedure.MATERIALS AND METHODS. The current research is based on various international legal documents, including the founding treaties of the European Union, as well as acts of EU institutions and doctrinal sources.RESEARCH RESULTS. The research represents a retrospective analysis of the formation of the procedure for accession of new members to the European Communities/EU. It was found out that the norms of the founding agreement set only the general legal framework of the procedure, and its specific content differed through out the existence of the European integration project. The actual content of the accession process is determined by the member states, which, through the institutions of the Communities/Union, primarily the Council and the European Council, formulate the criteria and principles of accession. The Commission also plays a significant role in the process. The role of the European Parliament in this procedure is insignificant, although this institution tries to increase its influence throughout the negotiation process. DISCUSSION AND COCLUSION. To sum up, the accession procedure is typologically close to a special legislative procedure. Since its origin the accession of new states to the EU has been transformed from a rule-making procedure enshrined in the founding treaties to a set of various instruments and practices, including non-legal (political) ones.

Revitalising EU Enlargement? A New Dawn in EU Accession Post-Ukraine Invasion

In this article, we compare the developments of the enlargement policy after Russia invaded Ukraine to the policy prior to the invasion covering the period after the Big Bang enlargement. The widening policy before the invasion was rather inefficient because the member states governments assessed the importance of institutional binding of new members disparately, which affected the aspiring countries, as the EU appeared to be indecisive regarding the accession of new states. The perception of an increased security threat, because of the Russian invasion of Ukraine, is likely to lead to a shift in the European Union’s enlargement policy, including the demands for an institutional adjustment in the EU to increase its integration capacity and simplify the decision-making procedures. It is, however, questionable whether eventual institutional adjustments will produce desirable outcomes for the European Union because of the existence of different interests among the member states.

International Cooperation of BRICS Countries in the Field of Forced Migration: Topical Issues and Prospectives

Introduction. International law acts of BRICS countries enshrine their attachment to enforcement of the international cooperation in the field of population, in particular migration. The rise in the number of forced migrants on their territories as well the accession of new States to BRICS explains the topicality of the research into the particularities and prospects of BRICS countries’ cooperation in the sphere of forced migration. Meanwhile the international law acts adopted by BRICS countries do not enshrine their unified position as regards general principles of their cooperation in the sphere of forced migration.Materials and Methods. The conciliation theory according to which creation of international law norms results from the reconciliation of international legal position of its subjects serves as the theoretical framework for the present research. While exercising autonomous international legal policy, each State aims at enshrining the principles of its foreign policy in the international law acts. International legal positions of States are enshrined in their treaties, national legislation and unilateral acts. The article contains the results of a comprehensive comparative analysis of international legal positions of BRICS countries as regards international law norms governing the legal status of forced migrants. The subject of the research includes universal treaties, BRICS countries’ international law acts, national legislation and unilateral acts.Results. BRICS is an intergovernmental institution, which is not de jure an international organisation. The acts adopted by BRICS countries are joint unilateral acts enshrining their unified positions on international law. International cooperation of BRICS countries in the sphere of forced migration is based on principles of rule of international law and multilateralism as well as their coincident and similar positions on interpretation and application of international law norms governing the legal status of forced migrants. BRICS international law acts enshrine the international law concepts applicable to the international cooperation in the field of forced migration.Discussion and Conclusions. Conciliation of international law positions of BRICS countries as regards interpretation and application of international law concepts of “durable solution to the problem of forced migrants”, “responsibility sharing”, “solidarity”, “common but differentiated responsibility” as well as other international law concepts upon which the international cooperation in the field of forced migration is based should be considered a prospective area of their international cooperation.

The European convention on human rights in the XXI century: in search of balance

The original system established by the European Convention on Human Rights is based on a delicate balance. Initially, this balance was achieved through the establishment of a mechanism sparing national susceptibilities in the face of the ambitious objectives displayed by the European project. The success of the system has led to the reform brought about by Protocol No. 11, strengthening its jurisdictional character. However, having coincided with the fall of the Berlin Wall and the enlargement of the Council of Europe, the system had to face new challenges: the number of potential applicants exceeded 800 million and the accession of new States with political and legal systems in transition and judicial systems under construction have caused litigation before the Court to explode. The process launched in Interlaken ten years ago has consolidated the capacities of the system, especially as the Court has been able to take advantage of it, on the one hand by putting in place innovative and effective measures and p rocedures and, on the other hand, by engaging in dialogue with national courts. Following the Interlaken process and the entry into force of Protocols No. 14, 15 and 16, the question arises as to whether the tools that these instruments have created, so essential for the effectiveness of the system today, will be sufficient to avoid tensions in the future. The groundwork for the future of the system will have to look at the synergies between the Court, the Committee of Ministers and the States Parties, aimed at giving the Convention system all the dimensions of engagement it needs: the jurisdictional dimension, above all, but also that of dialogue, consultation, cooperation and prevention. This will require a coordinated mobilization of all Council of Europe institutions.

ЕКОНОМІЧНИЙ ПОТЕНЦІАЛ ТА ПОСИЛЕННЯ ЛІДЕРСЬКИХ ПОЗИЦІЙ КРАЇНИ У ЗОВНІШНІЙ ПОЛІТИЦІ УКРАЇНИ

The article summarizes the definition of the country's economic potential, main directions of activity and principles of integration of Ukraine into the European economic, political and socio-cultural space. This is the basis of the European integration processes of the economy. The main goals of economic integration are highlighted. This is the harmonious development of economic institutions, stable and balanced economic interpenetration, raising the standard of living, the level of importance of the country in regional leadership. The author considers economic integration as a macroeconomic cooperation, which provides for a regulatory dialogue on macroeconomic policy and political leadership. The EU provides significant economic recovery assistance through macroeconomic loans complementary to IMF funding, budgetary grants and investment. That is, these financial instruments support specific reforms in the energy, environment, agriculture, small and medium-sized enterprises, the social protection system and the financial sector. Continuous attention and analysis of the processes taking place in Europe and revision of the Ukrainian position are extremely important. This is especially important in the context of a possible change in the nature of the Community in connection with the accession of new States. The article states that European integration is a strategic goal of our state, enshrined in legislation. The analysis of the positive and negative consequences makes it possible to assess Ukraine's ability to use the positive aspects of European integration. At the same time, a simultaneous elaboration of a program of actions on the integration of Ukraine is necessary, taking into account the existing threats and experiences of the countries that have recently become members of the European Union. Given the influence of integration factors on the political, economic and social spheres of the country, Ukraine's accession to the European Union remains promising, on the path to which the country has made great efforts and will be improved. And in the near future, he will become a member of the European Union.

Expanding Europe through Memory: The Shifting Content of the Ever-Salient Past

Collective memories of war and suffering have been crucial to the development of European integration since 1945. My basic thesis is that remembrance has also played an important role in the accession of new states to the organization that has come to be known as the European Union (EU). As the EU has expanded into new regions of Europe, particularly the post-dictatorial south and the post-communist east, continental institutions and existing member-states have been confronted by conflicting understandings of the past. Although the past has continued to push states towards membership in the EU, the nature of these remembered experiences has changed through the various rounds of expansion. In addition to tracing the role that memory has played in the widening of Europe, I argue that these confrontations have sparked important debates about the meaning of the past for Europe today.

The European Union and Developments in Crisis Management Operations and Peacekeeping

Thirty years ago, Henry Kissinger posed the question, “Whom do I call when I want to speak to Europe?” Now, the former U.S. Secretary of State is reported to have said: “I think one knows whom to call; I don’t think Europe has yet decided how to give answers to all the questions.” Europe’s foreign policy is said to be fragmented and weak. A common defense and foreign policy still eludes the European Union (EU), and it is by no means clear that the deficiencies identified during the course of the crisis in the former Yugoslavia have been rectified. Part of the problem today may also be that there are now too many candidates willing to answer for Europe. Richard Holbrooke, the former U.S. Ambassador to the UN and also to NATO, recalled the Bosnian peace conference at Dayton, Ohio, in 1995, which had three co-chairmen, one of whom was Karl Bildt, the then EU special representative. But Germany, Britain, and France also sent envoys, and each indicated that Bildt did not speak for them. Externally, the growing prominence of the European Union and its gradual assumption of some of the functions of the state had meant that its place in international relations has become more rather than less ambiguous over time. Many of the formal legal agreements between the EU and the outside world are so-called “mixed” arrangements. Furthermore, most of its informal foreign policy also operates within a somewhat unclear and evolving framework of cooperation and competition with the foreign relations of its member states. The overall situation has been complicated by the accession of new states to the EU. Prior to the formation of the EU, European history was characterized by instability and armed conflict, and it was in the aftermath of one of Europe’s bloodiest wars that a number of individual member states came together to lay the foundation for today’s