Candidate Countries Research Articles

EU enlargement in wartime Europe: three dimensions and scenarios

ABSTRACT The enlargement policy of the European Union from 2013 to 2022 was not only ineffective, but also lacked an active enlargement drive. Russia’s war in Ukraine changed the equation of costs and benefits in favour of new members and gave the EU a geopolitical incentive to restart enlargement. Enlargement is not only a geopolitical strategy, however: it also requires successful state-building efforts in the neighbourhood. Moreover, it is closely interlinked with the EU’s internal development. This article analyses the current evolution of the EU enlargement policy as it emerges from the interplay of geopolitics, state-building challenges, and the EU’s internal dynamics. Drawing on original interviews with officials, the paper also presents three scenarios for the coming decade. The paper concludes that to achieve its foreign policy objectives in the neighbourhood, the EU cannot continue ‘business as usual’ with enlargement. On the contrary, the policy of 2013–2022 needs to be replaced by a more effective model that encourages candidate countries to undertake genuine efforts towards democratic development. At the same time, reforms and compromises are required at the EU’s end. Finally, the EU needs to better address the security needs of the applicant countries already during the accession process.

Avrupa Eğitim Programları ve Dil Gelişim Dosyası Türkiye Uygulaması

Abstract European relations with Turkey, which began with the application of the Republic of Turkey for membership in the European Community and continued with the acquisition of candidacy status, gained a new dimension with the Copenhagen summit on December 12, 2002. Fifteen member states of the European Community have decided that Turkey can start candidacy negotiations in December 2005 if it can prove that it meets the political and economic criteria for integration with Europe, according to development reports. With the positive outcome of this development, Turkey is expected to become a member state of the European Community, and the Turkish language will be one of the most widely spoken European languages according to the population ratio. The legal status, financial and administrative autonomy of the Turkish National Agency were approved by the Turkish Grand National Assembly in July 2003. The learning of Turkish by Europeans as a foreign language of Turkish began with the establishment of commercial and political relations with the Ottoman Empire, and Turkology departments were opened in many universities. In the near future, commercial and political relations between Europe and Turkey are expected to increase with the accession negotiations Dec. Programs such as Leonardo, Socrates and Lingua, which are carried out within the European Community, offering educational, participant and instructor exchange, language learning opportunities, have been carried out in recent years within the framework of projects, especially with the participation of member and candidate countries. Turkey has also participated in these programs and has established a Socrates Commission. The aim of the foreign language policy adopted and proposed by the Council of Europe is to protect and develop linguistic and cultural diversity as a source of mutual wealth and to facilitate interpersonal relations, international flow and exchange of ideas. Dec.1. The aim of the foreign language policy adopted and proposed by the Council of Europe is to protect and develop language and cultural diversity as a source Dec. In this context, the Turkish language will also be a cultural richness and diversity for Europe, and it is expected that teaching and learning it as a foreign language will also be a factor that helps Turks to express themselves better in relations with Europeans. Key Words: European Union, Turkey, European Educational Programs, Language Development File

The fulfillment of reproductive rights in Ukraine: balancing the EU standards and the challenges of the war

The article discusses the importance of ensuring reproductive rights in Ukraine, particularly amidst the challenges posed by war and the need to align with EU standards. The authors emphasize the crucial role of reproduction and bioethics in protecting human life and dignity during armed conflicts. The article underscores the importance of upholding international legal principles and conventions related to reproductive rights and healthcare, including informed consent, non-discrimination, and the protection of privacy and confidentiality. Ukraine's progress towards aligning its national legislation with the EU, as part of its efforts to acquire candidate country status, is also highlighted.

Positioning candidate countries in the Euro-sphere: internet responses to European enlargement

ABSTRACT The war in Ukraine has threatened our idea of peace and democracy. The European Union has been caught unprepared and, to show its opposition to Russia, has developed strict economic sanctions. A path to a possible candidacy of Ukraine to the EU is now open. However, the enlargement process has been silenced for a while and still, there are critiques due to ‘nasty’ member states that do not comply with the rule of law. Information online does not help in understanding the accession iter and the current situation. On the list of potential members, at pole position, we find the Western Balkans, which have been long pushed to join the EU and have already developed a huge network of international and European organizations. I will run a Social Network Analysis to outline the position of possible new member countries in the Eurozone according to the media.

The Eastern Neighbours and EU Security Policy: A Differentiated Integration Perspective

The EU’s decision to grant Ukraine and Moldova a candidate country status and the recognition of Georgia’s European perspective in June 2022 has significant effects for both the EU’s enlargement and security and defence policies. So far, ‘hard’ security issues have played little role in the framing of the European Neighbourhood Policy (ENP) and the Association Agreements (AAs) with Ukraine, Moldova and Georgia. Their full integration into EU security and defence arrangements will thus require considerable strategy-making and implementation efforts. This article discusses the extent to which existing external Differentiated Integration (DI) constellations can be seen as ‘building blocks’ for Ukraine, Moldova and Georgia’s prospective full integration into the EU’s security and defence architecture. It is shown that, in legal and practical terms, such DI constellations are conducive to the deepening of these countries’ integration with the EU in the security and defence domain. From the political viewpoint, the focus on DI with the new accession countries may, however, be (mis)used as a substitute for fullscale integration into the EU security and defence architecture. We, nonetheless, suggest several pilot domains that can be used to test the limits of new accession countries’ DI with the Union. EU security and defence policy, EU enlargement policy, accession, European Neighbourhood Policy (ENP), Russia’s war against Ukraine, European Defence Agency, European Defence Fund, Permanent Structured Cooperation

The evolution of EU accession requirements for North Macedonia

Since Republic of North Macedonia has been a candidate country for European Union membership for almost two decades, the goal of this article is to shed a light on the conditions and requirements that were set before Macedonia and their evolution for this time period. For that purpose the article, annual reports of the European Commission on Macedonia’s progress were reviewed. Further on, analysis of the development of Macedonia’s macroeconomic indicators was carried out which was followed by a comparative analysis of the state of the economic development of the Central and Eastern European countries - member states of the European Union, at the moment of their accession. It was established that the EU enlargement process have undergone significant changes since its foundation. Over time, the changed political environment within the EU has led to a significant strengthening and tightening of the rules and criteria. The inefficiency of the latest accessions provoked the EU once again to change the accession negotiation process and introduce new accession process that is significantly more political than economic. In Macedonia’s case, it was political and not economic requirements that led to the country becoming stuck in its EU accession process. The economic results achieved by Macedonia during the researched period, even though lower than the average for the union, were still higher that the results shown by some Central and Eastern European counties at the time when they became members of the EU. Therefore, is no doubt, that Macedonia’s path to the EU was conditioned by political obstacles, the same situation continues today. But the major question that still stand unanswered is weather this kind increased politicization of the process is contradictory to the merit-based system the EU prides itself on.

Strengthening the Institutional Independence of the Court in the System of European Integration Steps of Ukraine

The article is devoted to the study of European standards of judicial independence. The subject of the study is the institution of court independence and specific measures to improve its legal support in Ukraine in accordance with European standards. The purpose of the article is to determine the following judicial reform measures aimed at institutional and legal harmonization of Ukrainian legislation with the standards of the European Union. The research uses dialectical, systematic analysis and synthesis, comparison and legal modeling methods of scientific knowledge. Acquiring the status of a candidate country in the EU obliges Ukraine to carry out a number of transformations of social and political institutions, and judicial reform is one of them. This will require systemic measures, and not just amendments to legislation aimed at harmonizing national legal norms with European standards. It is emphasized that despite the ongoing judicial reform, the goal of an effective court has not been achieved: the level of public trust in the court is still low. The author predicts that if only point changes in judicial legislation are started now, the result will be the same as during the previous steps of judicial reform. It is necessary to start with the construction of the foundation for an effective judicial system, which is the independence of the court. Analyzing the European standards of an independent court and the practices of the EU institutions regarding the assessment of the impact of various indicators on the general assessment of the assurance of court independence, taking into account the current and urgent problems of the judicial system of Ukraine, the author makes a number of proposals for improving domestic legislation and practice aimed at strengthening the independence of the court, which the author calls fundamental the value of a democratic state, a prerequisite for an effective judicial protection system.

THE EUROPEAN UNION’S ENLARGEMENT POLICY CHANGES IN THE LAST DECADE – A SUCCESSFUL INTERNATIONAL PRACTICE OR DYSFUNCTIONAL TRANSFORMATION?

Since 2004, the European Union’s (EU) transformation and integration potential has been evident and limited. An unusual pattern of perceived threats and challenges precluded the EU’s enlargement. One country from the Western Balkans’ (WB) fold was found suitable over the last ten years to join the EU. The rest of the WB are still queuing in front of the gates of the EU family. The purpose of this paper is to assess how recent changes in the international arena, including suffering on Ukraine’s soil and providing candidate status for Ukraine at the same time, affected the EU “red lines” in the enlargement process, together with the lessons learned from the considerable enlargement in 2004. Does the EU enlargement policy as primarily part of the EU foreign policy still have the effect of a “screwdriver,” or has it eventually become a “hammer” of hard power and force by hitting suddenly foreign policy problems that look like nails (Kagan, 2003), as it seems in Ukraine’s example? Did the Lisbon Treaty bring profound transformation to enlargement policy, and is it still one of the EU’s successful stories? This article aims to answer these questions. The assessment method is based on the International practice theory approach and Christian Bueger’s and Frank Gadinger’s definition and determinants of practice known as the Commitments of International Practice Theory (relying on elements of practice defined by Emanuel Adler and Vincent Pouliot). This approach judges whether or not the EU is a global actor that fulfills all inquiries of creating international practice from the enlargement policy. Based on the results, it is confirmed that the EU is a worldwide actor surviving in times of global transformations and that the enlargement policy is a valuable international practice. However, changes in the conditionality policy in the EU accession process could lead to several scenarios, and one of them is the loss of interest in some of the candidate countries, which could cause perceiving the enlargement policy as a dysfunctional transformation in the future.

Innovation Potential in the Western Balkans Relative to the European Union and Selected Neighbouring Countries

Although Western Balkan economies are still on the list of EU candidates or potential candidate countries, they do have some integration with EU economies. The EU is the leading trading partner of the Western Balkans and is one of the top destinations for the fl ow of people. The Western Balkan economies have been trying to address their populations’ ongoing emigration (the so-called “brain drain” phenomenon) by implementing targeted economic policies. Since one of the main contributors to economic growth is the ability to create innovation, it is crucial to building innovation potential. The main challenge for innovation policy is to provide a favourable environment for entrepreneurship and economic growth to create jobs. Thus, this paper aims to examine innovation potential – an innovation input – as it creates the conditions needed for innovation development. The results of analysing the data (on research and development spending, human resources, an environment friendly to innovation, and intellectual property rights) indicate that the Western Balkan countries are lagging behind the EU in many aspects of innovation potential, so they should still develop their strategies towards creating higher innovation potential. Thus, they will be able to have a higher level of innovation and, as a result, be more competitive in economic terms.

DISTRIBUTED MICROGRIDS USING CRYOGENIC STORAGE SYSTEMS OF ELECTRICITY PRODUCED BY RENEWABLE SOURCES AS AN IMPORTANT ECOLOGICAL AND ECONOMIC FACTOR

The paper shows that the use of cryogenic technologies for the storage of electrical energy produced by renewable sources makes it possible to move from centralized energy supply systems to microgrids based on distributed energy systems. Also, cryogenic technologies make it possible to switch from centralized gas supply to individual supply of residential buildings and industrial enterprises with liquefied natural gas. It is expedient to create in Ukraine, on the basis of cryogenic storage systems of electricity produced by renewable sources, already existing local systems of electric power generation of various types, distributed systems of generation, united in micro-grids and virtual power plants. It is also possible to create virtual heating systems. Such technologies meet the requirements of the European Union for candidate countries to join the Union and open the possibility of financing projects related to the restoration of the energy system of Ukraine based on renewable sources and advanced energy-efficient technologies. The proposed scheme for obtaining liquid air and placing cryogenic equipment allows us to talk about the creation of a new sector of cryogenic energy in Ukraine. Bibl. 14, Fig. 2, Tab. 2.

DECENTRALIZATION – THE MAIN WAY FOR THE TRANSFORMATION OF THE ENERGY INDUSTRY OF UKRAINE

Topicality. The events of November 2022 showed the absolute instability of Ukraine's centralized energy system. Up to 40% of the centralized energy infrastructure was disabled in two days. Millions of people were left without electricity, heat and water for a long time. Therefore, it is very important to develop the energy sector of the state in the future, taking into account the needs of Ukraine's decentralization policy, in particular, local communitiesAim and tasks. The purpose of the research is to determine the imperatives of decentralization of the energy sector of Ukraine. The main way of developing the energy system of the state is the transition from a centralized to a distributed system. The location of generation systems in united communities makes it possible to switch to systems of cogeneration of electric and thermal energy to increase the efficiency of installed capacities and save fuel significantly by up to 40%.Materials and Methods. The methodological basis for the formation of regional policy should become the best of the world and European practices of the country`s energy sector development. Active use of the methods of system analysis, expert assessment on the implementation of decentralization systems of the energy industry is a guarantee of achieving the priorities of national security of Ukraine in the post-war period. Priority support from the EU and others international donors refers to those projects and programs aimed at decentralization, decarbonization, local economic sustainability and energy independence.Research results. The research substantiates that local communities have great opportunities for using alternative renewable resources for the generation of electricity and thermal energy. First of all, it is biomass, biogas, solar energy, wind energy and geothermal energy. In particular, the authors proved that due to the installation of means of electric energy accumulation, it is possible to raise the level of use of the installed capacities of solar and wind power plants by another 50% and to bring the total level of use of the installed energy capacities to 70%.Conclusions. The active implementation of alternative energy sources into economic practice can become the basis of the national security of the state in the post-war period. It is suggested that Communities use nearby agricultural waste and solid household waste as fuel instead of imported fossil fuel. It is also proposed to create local electric networks combined into virtual power plants within the framework of united communities, including not only all types of generation available on the territory, but also systems of short-term and long-term storage of electric energy. For the long-term storage of large amounts of electrical energy, it is suggested to use accumulators based on cryogenic liquids. It has been proven that due to the installation of means of electric energy accumulation, it is possible to raise the level of use of the installed capacities of solar and wind power plants by another 50% and to bring the total level of use of the installed energy capacities to 70%. Virtual power plants make it possible to significantly increase the amount of generated (consumed) electricity without additional investment costs. Such technologies meet the requirements of the European Union for candidate countries to join the Union and open the possibility of financing projects related to the restoration of the energy system of Ukraine based on renewable sources and advanced energy-efficient technologies.

The Obligation to Accept Aquis Communautaire: Some Thoughts on Ukraine’s Accession to the EU and value of the rule of law

This article examines the pressing issue of Ukraine’s potential accession to the European Union in the aftermath of Russia’s unlawful aggression against Ukraine in February 2022. The authors assert that the current context necessitates a comprehensive examination of the complexities involved in Ukraine’s path to EU membership, mainly focusing on the rule of law as a central and critical aspect. To provide a broader context, the article’s structure conditionally includes two sections. The initial section outlines the general criteria and conditions for EU membership, including the procedural aspects involved in the application process. This section also highlights the significance of transitional measures for aspiring member states like Ukraine. The subsequent section focuses on the specific rule of law requirements that Ukraine must fulfill. The study emphasizes the need for necessary reforms and adjustments in Ukrainian legislation to meet EU standards, focusing on the effective functioning of independent and impartial judicial institutions. The authors believe that shedding light on these challenges will contribute to the ongoing discourse on Ukraine’s EU accession, fostering a deeper understanding of the interplay between legal harmonization and democratic governance. Overall, this article offers valuable insights into the complexities of Ukraine’s EU membership aspirations and underscores the importance of the rule of law as a central pillar in the integration process. By contributing to the body of knowledge on this multifaceted issue, the study seeks to aid Ukraine in fulfilling the requirements for EU membership while reinforcing the shared values and aspirations of the European community. Key words: acquis communautaire, avis, the European Union, regulations, directives, join the EU, community law, implementation, the Accession Treaty, the rule of law, admission to the EU, judicial reform, EU standards, candidate countries.

The Role of European Think Tanks as a Channel of the EU Public Diplomacy Towards Domestic and Foreign Publics

<p>This article examines the role of European think tanks in public diplomacy efforts of the EU. It builds on Bourdieu’s field theory and concept of capital using data from EU official documents, website materials, and semi-structured interviews with representatives of think tanks from Brussels, France, Slovenia, and the United Kingdom, as well as their networks and the EU institutions. The article argues that EU institutions provide financial support for think tanks to obtain political capital in the form of internal and external legitimacy. The European Commission mobilises think tank academic capital by funding their educational activities, which helps to deal with the “democratic deficit” and plays the role of intellectual “soft power” by training current and future policymakers in Europe and beyond as potential allies in competition with other regions. Due to the particularity of the EU public sphere, characterised by the lack of outreach mass media, the European Commission tries to improve its capacity to shape public opinion at the European and global levels by using think tank publicity capital in its communication activities via new media platforms, distinguished by direct access to wider audiences. The European Commission benefits from think tank social capital, encouraging them to create transnational networks regarded as contributing to the promotion of integration within the EU, building relations with candidate countries, and strengthening its position in multilateral negotiations. Although the citizen’s dimension is not always at the core of practices of European think tanks, this article demonstrates their effectiveness as a channel of public diplomacy towards transnational publics.</p>

The Widening of European Union to Post Soviet Countries: Case Study of Bulgaria Acceptance and Ukraine Accession

To be a part of European Union must follow complex procedures. Before joining the institution, candidate countries must meet the Copenhagen Criteria. Then fulfill membership obligations contained in Acquis Communautaire. Once fulfilled, candidate countries can join the institution. However, in contrast to Bulgaria, Bulgaria was unable to fulfill it, but was given the easiness by providing CVM assistance. Bulgaria's acceptance was considered violate the EU agreement, making several members disappointed, especially UK. The peak of UK disappointment occurred in 2016, the UK stated its exit from the EU. Then in 2022, Ukraine in the midst of the Russian invasion applying to join. Without an in-depth administrative review, EU agreed to immediately grant candidate State status. Necessarily, a country which is applying EU, First should be on the waiting list with the status of a potential candidate countries and then second go to next status as a candidate countries, the last is recognize as a member of union. But Ukraine directly jump up to second status.

Relationship between the Obligations from the European Convention on Human Rights and the Accession to the European Union

Bosnia and Herzegovina (B&H) has difficulty integrating and moving closer to the goal of becoming a member of the European Union (EU). From the legal perspective, the main issue is the need to fulfil the accession criteria. The article aims to examine the relationship between the obligations under the European Convention on Human Rights and Basic Freedoms (ECHR) and the obligations related to the European Union (EU) accession process, with emphasis on Bosnia and Herzegovina (B&H) as an EU membership candidate country. At first sight, those two obligations are separate. However, upon close examination, a strong link between those two obligations can be established using normative research with a historical approach, statute and case-based approach. On the other hand, the constitutional system of B&H has been described as discriminatory by numerous judgments of the European Court of Human Rights (ECtHR) and, most prominently, by the Sejdic-Finci case. B&H has difficulties implementing those judgments. Implementing those judgments is also set as one of the requirements of EU accession. Even if the two obligations seem separate at first sight, the ECHR has a special position within the law of the EU and is especially important in the accession of new Member States, including B&H. The research results show a special position of the ECHR in EU law and a link between the obligations under the ECHR and EU accession.

EU ENLARGEMENT POLICY IN 2022: KEY CONCLUSIONS AND RECOMMENDATIONS OF THE EUROPEAN COMMISSION IN THE CONTEXT OF THE UNION’S TRANSFORMATION POWER CONCEPT

The article examines the key conclusions and recommendations to candidate countries and potential candidates for accession, set out by the European Commission in the annual Communication on the EU enlargement policy in 2022. For better understanding of the essence of the Commission’s Communication, this article the author analyses the realities faced by the EU with the beginning of the Russian Federation’s full-scale war against Ukraine. According to scholars and experts, the war changed Europe more profoundly than any event since the end of the Cold War. It is found that the war clearly emphasized the attractiveness of EU membership and strengthened its transformative power, which was formed thanks to the values, diversity of the societies of the Member States, fundamental freedoms and way of life of the Union. In this context, one can agree with the statement of scholars that the real challenges that the EU cannot avoid if it wants to become more authoritative and strategically autonomous are the strengthening, not the weakening of the European level (institutional and legal systems, common EU policies) under a strict democratic control. The analysis of the conclusions and recommendations in the Commission’s Communication allowed us to conclude that after the Russian invasion of Ukraine, the policy of EU enlargement was returned to the forefront of the EU’s agenda. Evidence of this was, firstly, granting the status of a candidate for accession to Ukraine and Moldova and a potential candidate – to Georgia, and, secondly, a joint search by the EU and its Member States for ways to activate and speed up the process of European integration of the countries of the Western Balkans region. In addition, it should be noted that the cross-cutting themes of the Commission’s conclusions and recommendations are EU security and energy policy, key areas of the Green Course, in particular decarbonization of the economy, as well as the issue of recovery after the COVID-19 pandemic. A separate emphasis in the Commission’s Communication is placed on the reforms continued by the countries of the Western Balkans, which are necessary to fulfill the accession criteria.

Multivariate analysis of post-transition OECD countries in the context of inequality measures

The aim of this paper is to classify the post-transition OECD countries according to the Gini coefficient for income inequality, the S80/S20 ratio, the income share of the bottom 40% of the population, educational attainment – tertiary education, and labor force participation rate using factor and cluster analyses. Factor analysis resulted in two extracted factors, and factor scores were calculated. Hierarchical and non-hierarchical cluster analysis was performed on factor scores to classify eight posttransition OECD countries and three candidate countries. The research question of this paper is to investigate whether there are similarities/differences between existing members and candidates for membership in the OECD, among the selected post-transition countries of Europe, in the context of income inequality. Based on the dendrogram obtained by the hierarchical Ward’s method, a three cluster solution was selected. The non-hierarchical k-means method for the three-cluster solution clustered Croatia with Bulgaria and Romania. These three countries are OECD candidate countries. Our findings confirm that the three candidate countries remain behind because of historical reasons and the non-implementation of structural reforms.

ECJ Case 27/76 United Brands v Commission and Case 85/76 Hoffmann-La Roche analyzed in the framework of Albanian Competition law

Abstract The aim and scope of this article is the analysis of two landmark cases of the European Court of Justice, which have helped shape law and rights with regards to Commercial law and more specifically the law and rights on market competition. The article aims to highlight the significance of the two judgements and the implications and importance they hold toward EU candidate countries, through the case of Albanian legal framework on competition. The article will focus on the practical effect of the degree of legislation approximation in Albania, by taking a look into the ranking and international indices score of Albania in the field of market competition. By contrasting and comparing, conclusions will be made regarding the future implications in this legal area in Albania and possible “next steps” in the legal approximation area, by hypothesizing upon which aspect should be approximated next.

Principles for the Europeanisation of Public Administration

Administrative regimes are no longer isolated phenomena: they are constantly confronted with international influences, which shape the internal structure and system of the states. The cooperation between the European Union and the Member States’ administration is today a kind of convergence in principles. This is what the EU expects from the candidate countries and in the neighbourhood policy. The main question of the study is whether the content of the principles used by the EU is cognisable and consistent. The study covers two policy instruments: the SIGMA project, which is a joint EU–OECD collaboration, and the comparative legal activities of the ReNEUAL. These instruments testify two completely different attitudes: one does not explain the principle but holds it accountable, the other seeks the means to understand its content and the reasons for the differences in interpretations. Both programs have undergone internal development, but while SIGMA has moved away from its administrative procedural roots, ReNEUAL has confirmed it. The paper is another argument in favour of the need for administrative research using the tools of comparative law.

When a State Is a Party to a Dispute – (Court-)Administrative Mediation in Poland and in Ukraine (A Comparative Perspective)

Ukraine’s status as a candidate country for the European Union membership reinforces the need for comparative analysis between Ukrainian regulations and the laws of other EU Member States, as well as European regulations. One of the fields of comparative law is the development of mediation as a legal institution, also in cases when the state is involved – for disputes covered by administrative law. This has already been a subject of interest and promotion of both the EU and the Council of Europe, as European standards of democracy provide for the state’s cooperation with citizens/individuals. The aim of this article is – firstly – to compare the current development of mediation in administrative and court-administrative cases in Poland and in Ukraine, the similarities in successes and challenges, and – secondly – to determine to what extent both countries follow the latest CEPEJ guidelines. Although