EU Acquis Research Articles

Zagraniczna polityka gospodarcza UE w obliczu nowych wyzwań: modele, cele i interesy

The article presents the outcomes of the research concerned the issue of the European Union’s foreign economic policy, as well as its models and instruments. The EU applies various approaches in relations with third countries, that is determined by differences in aims it intends to achieve in every specific case. The EU acquis constitutes only general framework of the European Union’s foreign economic policy, that results in disorderliness and incoherence of European Union in relations with third countries. The Author identified key determinants, that actually shape current models of the European Union’s foreign economic policy towards various groups of states. Significant problems and failures have been found. Analysis carried out in the article leads to the conclusion that current models and instruments of foreign economic policy, used by the EU, are not sufficiently efficient and often do not allow to meet new challenges effectively. New approaches and solutions have been proposed by the Author can help to improve the foreign economic policy of the EU and to adjust it to the contemporary global challenges.

Multi-scenario analysis in the Adriatic Sea: A GIS-based Bayesian network to support maritime spatial planning

Oceans are changing faster than even observed before. Unprecedented climate variability is interacting with long-term trends, all against a backdrop of rising anthropogenic use of marine space. The growth of maritime activities is taking place without the full understanding of complex interactions between natural and human-induced changes, leading to a progressive decline of biodiversity and degradation of marine ecosystems. Against this complex interplay, marine managers and policy makers are increasingly calling for new approaches and tools allowing a multi-scenario assessment of environmental impacts arising from the complex interaction between natural and anthropogenic drivers, also in consideration of multiple marine plans objectives. Responding to this need, for the Adriatic Sea we developed a GIS-based Bayesian Network to evaluate the probability (and related uncertainty) of cumulative impacts under four ‘what-if’ scenarios representing different marine management options and climate conditions. We addressed issues concerning consequences of potential planning measures, as well as management programmes required to achieve environmental status targets, as required by relevant EU acquis. Results from the scenario analysis highlighted that an integrated approach to maritime spatial planning is required, combining more sustainable management options of marine spaces and resources with climate adaptation strategies. This approach to planning would allow to reduce human pressures on the marine environment and rise resilience of natural ecosystems to climate and human-induced disturbances, which would result in an overall decrease of cumulative impacts.

International Law in Russia, Ukraine, and Belarus: Modern Integration Projects

Modern challenges for international law application in the former USSR countries are inextricably linked to the regional integration issues. Despite seeking closer rapprochement with the EU, Russia never dropped its ambitions as a spearhead of political, economic and legal integration within the post-Soviet area. Belarus actively participates in the post-Soviet integration projects while seeking improvements of EU-Belarus relations. However, Ukraine embarked upon a long and challenging path of deeper political and economic integration with the EU and aligning its legal system with the EU acquis. Against this backdrop, this article studies the constitutional dimension of three post-Soviet republic’s engagement in regional integration projects identifying the problematic issues in the application of international law.

Integration Without Membership: Normative Hegemony of EU Competition Procedures in the Eastern Partnership? - Procedural Aspects of Competition Law in the EU Association Agreements with the Eastern Partnership Countries (Ukraine, Moldova, Georgia)

This paper was presented at the 2019 Oxford Conference: Transplanting the EU Competition Framework – Trends and Challenges: Eastern Europe, https://www.law.ox.ac.uk/events/transplanting-eu-competition-framework-trends-and-challenges-eastern-europe This paper assesses the procedural rules of competition law in the 2014 Association Agreements between the EU and Ukraine, Moldova and Georgia. It will underline the main similarities and differences of the provisions, their implementation, and their effects. This paper will examine, if and to what degree the procedural competition rules in the Association Agreements are influenced by the European Union and what this implies for the three Eastern Partnership countries. The first chapter will illustrate the importance the EU puts on procedural aspects of competition law. The EU system is sophisticated, and the practice has been carefully developed through legislation and case law. The state of procedural competition law in the Eastern Partnership countries is deficient, which is largely owed to the fact that the three countries do not have such a longstanding experience with competition enforcement like the EU. The second chapter will show that the procedural competition provisions of the three Association Agreements oblige the three Partnership countries to generally align their procedures with basic principles of EU procedural competition law. Only the Ukrainian Agreement goes further by demanding a transposition of Art. 30 of Regulation 1/2003 and therefore a specific approximation to the EU acquis. The enforcement mechanisms of the procedural competition rules in the three Agreements are weak, but the three countries have been anyway more or less compliant with their obligations. Even a certain degree of over-transposition can be witnessed. In the third chapter, this paper will show that the EU acts as a limited normative hegemon when it comes to the provisions on procedural competition law in the Association Agreements. This naturally bears some risks for the Partnership countries, who could be overburdened with the respective obligation. In the end, the imposition is kept at its limits and the duties demanded by the Agreements are also beneficial for the countries, who anyway needed to improve their procedural competition law system and their effective enforcement of competition law in practice.

Проблеми правового регулювання донорства крові та її компонентів

Проблеми правового регулювання донорства крові та її компонентів

Cumulative Impact Index for the Adriatic Sea: Accounting for interactions among climate and anthropogenic pressures

Assessing and managing cumulative impacts produced by interactive anthropogenic and natural drivers is a major challenge to achieve the sustainable use of marine spaces in line with the objectives of relevant EU acquis. However, the complexity of the marine environment and the uncertainty linked to future climate and socio-economic scenarios, represent major obstacles for understanding the multiplicity of impacts on the marine ecosystems and to identify appropriate management strategies to be implemented. Going beyond the traditional additive approach for cumulative impact appraisal, the Cumulative Impact Index (CI-Index) proposed in this paper applies advanced Multi-Criteria Decision Analysis techniques to spatially model relationships between interactive climate and anthropogenic pressures, the environmental exposure and vulnerability patterns and the potential cumulative impacts for the marine ecosystems at risk. The assessment was performed based on spatial data characterizing location and vulnerability of 5 relevant marine targets (e.g. seagrasses and coral beds), and the distribution of 17 human activities (e.g. trawling, maritime traffic) during a reference scenario 2000–2015. Moreover, projections for selected physical and biogeochemical parameters (temperature and chlorophyll ‘a’) for the 2035–2050 timeframe under RCP8.5 scenario, were integrated in the assessment to evaluate index variations due to changing climate conditions. The application of the CI-Index in the Adriatic Sea, showed higher cumulative impacts in the Northern part of the basin and along the Italian continental shelf, where the high concentration of human activities, the seawater temperature conditions and the presence of vulnerable benthic habitats, contribute to increase the overall impact estimate. Moreover, the CI-Index allowed understanding which are the phenomena contributing to synergic pressures creating potential pathways of environmental disturbance for marine ecosystems. Finally, the application in the Adriatic case showed how the output of the CI-Index can provide support to evaluate multi-risk scenarios and to drive sustainable maritime spatial planning and management.

Članstvo u EU i nacionalistički diskurs na Zapadnom Balkanu - pravni aspekti

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.

Retencija u srpskom pravu i u nacrtu okvirnih pravila u oblasti privatnog prava

By using comparative and axiological method, the author considers the following issues: the purposefulness of right of retaining possession; definition and legal nature; optimal conditions for its establishment in contemporary domestic and comparative law; its contents and effect. The subject of this paper is analysis of regulation of right of retention possession in Serbian positive law; two Drafts of the future Serbian Civil Law; as well as the retention model-rule of the 2008 Draft Common Frame of Reference (DCFR). The author estimates that right of retaining possession should exist in Serbia's future civil law, because it has a triple justification. The paper contains explained proposal for the future regulation of retention as a quasi real right in rem and assessment of its compliance with EU ACQUIS. The author concludes that the direction of the further evolution of retention in European law is common, and that is - recognition of the broader content and stronger effect of the institute, in order to protect the interests of the retinent more effectively.

"The Thorny Road to Public Administration Reform in Montenegro "

Montenegro and the EU signed the Stabilization and Association Agreement committing the country to harmonize its legislation with the EU acquis communautaire. In reference to public administration, the Agreement’s provisions emphasize the development of an efficient and accountable public administration with the goal of modernizing the Montenegrin administration in line with standards and principles of the European Administrative Space. In 2003, Montenegro adopted the PARiM Public Administration Reform Strategy 2003-2009 with two priorities: institutional and legal consolidation of the administrative system and the harmonization of the existing legislation with European and international standards (EU, CoE, UN, OSCE). However, the PARiM project met resistance and was not fully realized. The following administrative reform strategy, called Agenda of Administrative Reforms in Montenegro 2011-2016 (AURUM), states that Montenegro is determined to become part of the European system of values and that public authorities should fully harmonize the national legal framework with the acquis communautaire. In the 2016-2020 Public Administration Strategy, it was noted that AURUM had achieved limited effects and that the EU candidate countries need to establish an effective and efficient public administration. With all the drawbacks and obstacles that the public administration reform in Montenegro faced and is facing, the adoption and implementation of the new Law on Administrative Procedure (2014-2017) opened up prospects that public administration reform to be achieved on Montenegro’s road to full EU membership.

Car Data Platforms and the EU Acquis for Digital Services

Car Data Platforms and the EU Acquis for Digital Services

Impact Assessment of EU Funds on Company’s Performance in the Fish Processing Industry: The Case of Croatia

Abstract IPARD is a pre-accession Programme that was implemented in the Republic of Croatia in the pre-accession period. Its main objectives were to assist candidate countries and potential candidate countries in their harmonization and implementation of the EU acquis, as well as preparation for utilization of the future EU funds. Given that IPARD pre-funding resources of the European Union enabled the financing of the modernization of the production plants of the fish processing industry, this paper analyzed the impact of the used funds on the a) business performance and b) business (organizational) capacity of IPARD users from the fish processing industry. The research was conducted in a non-experimental way divided into two parts: (1) an analysis of a set of indicators of business performance of companies from the sample (users of pre-accession EU funds) and (2) through a survey that examined the impact of using these resources on improving business (organizational) capacity. The results show that the profitability indicators of most users were not increased two years after the funds were received. But it is expected that the improved technical and technological conditions will help businesses in the future to increase the competitiveness of their products. When it comes to the results of the impact on business ability, it is evident that management has improved its capacities in terms of acquiring and developing the skills of preparing and running projects, investment planning or strengthening the willingness to use similar means in the future.

From Moral Values to Legal Obligations – On How to Activate the Union’s Common Values in the EU Rule of Law Crisis

The EU faces one of the deepest crises since its formation. A dangerous rule of law “backsliding” in several Member States undermines the Union’s common values and puts Europe to the test. This raises the question of how to substantially address violations of EU values in order to call the respective Member States to order. Unfortunately, the traditional EU acquis turned out to be a blunt sword and made one thing clear: relying on EU law as it stands will not solve this “values-crisis”. Thus, the present paper tries to remove the blinkers and think out of the “acquis box”. It explores recent jurisprudential developments and academic proposals and integrates them into one common framework. The proposed solution will lead to an operationalization of the values enshrined in Article 2 TEU by entangling them with other specific obligations of EU law.

Erratum to: Intermediary publishers and European data protection: Delimiting the ambit of responsibility for third-party rights through a synthetic interpretation of the EU acquis

Erratum to: Intermediary publishers and European data protection: Delimiting the ambit of responsibility for third-party rights through a synthetic interpretation of the EU acquis

Turkey’s compliance with the European Union’s development policy: a pattern of external differentiated integration?

ABSTRACTTurkey’s relations with the European Union are at a stalemate, with accession negotiations effectively frozen. Yet, Turkey opts into the EU acquis in multiple policy areas, where its voluntary compliance-prior to or an alternative to accession, could be conceptualized as external differentiated integration. We analyse Turkish compliance into the EU acquis in one policy area: Development policy. We assess Turkey’s opting into the EU rules on development policy from the perspective of three key factors, institutional structure, volume of aid and geographical focus. We argue that Turkey’s alignment with the EU development acquis is most visible in the institutional structure of Turkish foreign aid, and its increasing volume. Yet, there is also a highly visible divergence between Turkey and the EU in terms of geographical focus, acting as an element of competition in development policy. The transformation of Turkey’s development policy enhances Turkey’s opting into the EU acquis.

Intermediary publishers and European data protection: Delimiting the ambit of responsibility for third-party rights through a synthetic interpretation of the EU acquis

Some of research presented in this work was supported by the Economic and Social Research Council (ES/M010236/1),

Methodological approach towards a Gap Assessment of the Serbian microbiology system in the function of surveillance in line with EU standards and acquis.

Italian and Serbian Health authorities performed an in-depth Gap Assessment of the Serbian microbiology system in the function of communicable disease surveillance using a methodology adapted to context and information needs. There were two study phases: a capacity based survey and an equipment mapping survey. Invited participants included national health authorities, heads of national reference laboratories and of public/private diagnostic laboratories in Serbia. Findings were analysed preliminarily and identified gaps were discussed, prioritized and validated through two ad hoc workshops involving all concerned institutions. The Gap Assessment was performed between September and December 2017. The overall response rate was 69% for phase one and 74% for phase two. Identified gaps were assessed as highly relevant during the project workshops. Gaps and priorities were highlighted, validated, and studied with a suitable level of detail to develop a concrete action-plan. The same methodological approach could be used to monitor progress in Serbia as well as in other EU candidate countries.

Assessment of Approximation of the Present Company, Corporate Governance, Accounting and Auditing Legislation and Existing Practices in Ukraine to EU Standards and Practices

The purpose of this Study is to review the Ukrainian legislation and practices on company law, corporate governance, accounting and auditing and to examine its current compliance level with the EU law requirements and standards. The Study also provides an update on the main changes in the respective sectors in 2014. Legal developments is a phenomenon that rarely occurs linear. Times of rapid changes are alternated with times of stagnation, reforms are followed by the times of digest. Ukrainian law does not deviate from this pattern. A few points in time over the last nearly 25 years have marked milestones in the process. These points in time are 1991 – the enactment of the Law on Business Association, 2004 – the adoption of Civil Code and Economic Code and 2008 – birth of the new Law on Joint Stock Companies. Now a new impulse for law reform became topical and politically valid: under the Association Agreement between the European Union and Ukraine that was signed in 2014 Ukraine undertook a legal obligation to bring its legislation in line with the requirements of the EU law. This Study contributes to the part of the Association Agreement concerning the company law, corporate governance, accounting and auditing. The global objective of the Study is to improve business climate in Ukraine by aligning its company, corporate governance, accounting and audit legislation with the EU standards and practices. The Study presents the assessment of current approximation level of relevant legislation of Ukraine to the EU Acquis as well as provides recommendations for its further harmonization. In addition, the Study reaches out to national jurisdictions of some European countries as well as to the US and attempts to learn from their corporate law reforms.

Strengthening Borders, Managing Centres: Reception Conditions and Provisions of Services to Asylum Seekers in Croatia

This article analyses the impact that the Common European Asylum System may have on asylum seekers residing in reception centres within Croatia, as well as more recent challenges related to increased asylum seekers’ numbers and difficulties they might pose for the reception standards and provision of services. We posit that a degree of variation occurs in the treatment of asylum seekers throughout reception centres in the EU. The analysis sheds light on the Croatian asylum reception system, one that had been legally obligated to fully harmonise its policies with the EU acquis during the EU accession process. Based on the field research in the form of semi-structured interviews among the stakeholders and asylum seekers at the Reception Centre for Asylum Seekers Kutina in 2016, the findings will demonstrate that although Croatia has fully adapted its regulations to the Reception Conditions Directive, there are still issues regarding the minimum standards of quality of reception, service provision and future integration of protection claimants. The authors contend that gaps and insufficiencies in the reception conditions and standards are directly decreasing asylum seekers’ future prospects by affecting their chances of integration into Croatian society and resulting in significant secondary movement of these migrants to other EU countries. Even more, in the aftermath of the Balkan corridor, the present challenges of increased numbers of asylum applicants are calling for the planning of new and proper reception facilities, which is difficult to accomplish in the context of overtly securitised asylum and migration policies.

Obuka sudija i pravo EU - pogled na uporednopravnu i praksu Srbije

EU law is a pivotal issue in modern-day judicial education in Europe. It is particularly important to ensure that, prior to EU accession, the judges of the acceding country are adequately trained on the fundamentals of EU law and its relation with national law and the role of the national judge in the European judicial space. Once a country becomes an EU member state, it is necessary to continue with adequate training and support to proper implementation of EU acquis by national judges. There is no right or wrong way to incorporate EU law in judicial training, although some best practice examples have been identified in the practices of EU member states, both of those that have joined the EU relatively recently and of the “older” EU member states. The authors will investigate the practices related to judicial training on EU law in Serbia in the light of good comparative practices of judicial training institutions in Europe and formulate recommendations for Serbia in the context of EU accession.

The Role of EU Agencies in the Acquis Transfer: The Case of the European Neighbourhood Policy Countries

Since the mid-2000s, a large number of EU agencies became involved in transferring the EU acquis to the European Neighbourhood Policy (ENP) countries. EU agencies focus on the institution-building and enhancing the capacity of third countries to bring their standards closer to the EU norms. At the same time, the extent of their involvement varies across policy fields, countries, and agencies: some EU agencies have strong institutionalised ties with third states, while others establish only ad hoc cooperation. Despite their active involvement in the neighbourhood, the external dimension of EU agencies remains largely unexplored; neither do we know what explains the variance in agencies’ openness to participation of third countries. The paper fills this research gap by providing a systematic mapping of the transgovernmental outreach of EU agencies to the ENP countries across different policy domains and by explaining the variance across agencies and countries. It demonstrates that the external activities of EU agencies follow the sector-specific interdependency dynamics rather than the principal foreign policy goals of the EU. Such external cooperation patterns focus on the technocratic networks and the EU regulatory state building outside its borders that goes beyond the political boundaries of the regional integration endeavours of the EU.