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Skating on Thin Ice: The Problematic “Renegotiation” of British EU Membership

Author(s): Karolina Borońska-Hryniewiecka / Language(s): English

This week, the president of the European Council, Donald Tusk, has officially launched a negotiation process between the EU and the United Kingdom on the latter’s proposals for EU reform. Yet the lack of precision as to the form in which British prime minister David Cameron would like the reforms to be implemented, as well as a fair dose of ambivalence in communicating his agenda to society, might have negative effects on the results of the British EU membership referendum. For this reason, more efforts need to be invested, both domestically and internationally, in providing British voters with credible information not only about the contents of the renegotiation but also on the “plan B” for the UK outside the EU.

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Stąpanie po cienkim lodzie: „renegocjacje” członkostwa Wielkiej Brytanii w UE

Author(s): Karolina Borońska-Hryniewiecka / Language(s): Polish

W tym tygodniu przewodniczący Rady Europejskiej Donald Tusk oficjalnie rozpoczął negocjacje między Brukselą a Wielką Brytanią dotyczące proponowanych przez Davida Camerona reform Unii Europejskiej. Jednak niesprecyzowanie sposobu, w jaki premier Cameron chciałby zrealizować swoje propozycje, a także pewna ambiwalencja przekazu skierowanego do brytyjskiego społeczeństwa, mogą mieć negatywny wpływ na wynik referendum w sprawie członkostwa Wielkiej Brytanii w UE. Dlatego zarówno w kraju, jak i na arenie międzynarodowej należy poczynić większe wysiłki w celu dostarczenia Brytyjczykom miarodajnych informacji nie tylko na temat zawartości pakietu negocjacyjnego, ale także „planu B” dla Wielkiej Brytanii poza UE.

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Technical Differences or Power Play? EU Inter-institutional (Dis)agreements over Better Regulation

Author(s): Karolina Borońska-Hryniewiecka / Language(s): English

Negotiations between the European Commission, the EU Council and the European Parliament on the new Inter-institutional Agreement on Better Regulation are unlikely to be concluded, as originally planned, before the end of 2015. An overview of the positions of these three parties reveals conflicting approaches to how the EU legislative process should work. It also exposes a clear case of power play between the institutions, and poses the question of whether EU policymaking should evolve in a more political or technocratic direction. It is in the interest of Poland, as a member of the Council supporting the community method, to advocate for more expertise in EU policymaking, but not to the detriment of democratic principles of EU governance.

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Różnice techniczne czy gra o wpływy? Międzyinstytucjonalne (nie)porozumienie w sprawie lepszego stanowienia prawa

Author(s): Karolina Borońska-Hryniewiecka / Language(s): Polish

Negocjacje nowego porozumienia międzyinstytucjonalnego w sprawie lepszego stanowienia prawa, prowadzone przez Komisję Europejską, Radę i Parlament Europejski, raczej nie zakończą się w 2015 r., jak planowano. Każda ze stron ma inne pomysły na usprawnienie europejskiego procesu legislacyjnego, co uwidacznia grę o wpływy między instytucjami unijnymi. Rozstrzygnięcie tych różnic zadecyduje, czy proces stanowienia prawa w UE będzie mieć bardziej polityczny, czy technokratyczny charakter. W interesie Polski, jako członka Rady wspierającego metodę wspólnotową, jest promowanie niezależnych ekspertyz dotyczących kształtowania polityki unijnej przy jednoczesnym zachowaniu demokratycznych zasad sprawowania rządów.

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Izmjene i dopune zakonskog okvira za zaštitu od diskriminacije u BiH: Ostvareni pomaci i potrebna unapređenja

Author(s): Not Specified Author / Language(s): Bosnian

Usvajanjem Zakona o zabrani diskriminacije (ZZD) 2009. godine uspostavljen je pravni i institucionalni okvir za borbu protiv diskriminacije u Bosni i Hercegovini. No, Zakon je patio od brojnih manjkavosti, što je u znatnoj mjeri potvrđeno i u praksi njegove implementacije. Pored ostalog, sudovi i sudije u BiH nisu u potpunosti ovladali standardima antidiskriminacijskog prava, Institucija ombudsmena za ljudska prava BiH nije u stanju da ispuni sve elemente svoje kompleksne nadležnosti u ovoj oblasti, a žrtve diskriminacije oklijevaju da traže zaštitu zbog dosta nepovoljnih odredbi Zakona.

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Opinions Divided on EU Unitary Patent

Author(s): Stefania Kolarz / Language(s): English

From 1 June, there is a new way of protecting inventions in the EU. The unitary patent is intended to support inventors and improve protection of their inventions. For now, the unitary patent is in force on the basis of enhanced cooperation between 17 EU states, but it is already causing controversy among them, as well as with business. Reservations about the cost-effectiveness of the solution means that applicants for protection still often choose national patents.

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Prospects for the Negotiations of the EU Digital Markets Act

Author(s): Marta Makowska / Language(s): English

Negotiations of the Digital Markets Act (DMA), one of two flagship EU legislative proposals to regulate online platforms, are entering the decisive phase. France, presiding over the EU Council, wants to bring about an agreement between the states, the European Commission (EC), and the European Parliament(EP) by mid-2022. Adoption of certain EP amendments increasing the obligations of American platforms only may temporarily weaken the cooperation between the EU and United States in the area of digitalisation. Ultimately, however, it will gain momentum in the face of competition from China.

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EU Agrees the Digital Services Act

Author(s): Marta Makowska / Language(s): English

The Digital Services Act agreed in April between the Parliament, the Commission, and the Council of the EU is the first regulation in the world to set the rules for removing illegal online content, increasing the transparency of the functioning of websites, and improving the safety of network users. The implementation of the act in the European Union will be a challenge due to its wide scope, requiring increased involvement of the EU administration in the ongoing control of platforms. At the same time, the EU hopes that the act will become a model for similar laws in other parts of the world.

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Parliamentary Elections in France: Between the Idea of the Fifth and Sixth Republics

Author(s): Amanda Dziubińska / Language(s): English

President Emmanuel Macron’s party’s majority in the National Assembly (NA) is at stake in France’s upcoming parliamentary elections. In the background, however, is a growing conviction that the current electoral law does not reflect the real support for the political parties and that parliament does not have sufficient powers to control the government. Jean-Luc Mélenchon, the leader of the left-wing coalition NUPES, proposes institutional reform and aspires to take the office of prime minister. The survival of the traditional parties on the political scene - the Republicans and the Socialist Party - is also at stake, especially in the context of the election alliances, particularly on the left.

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EU Court Sides with Poland in OPAL Dispute

Author(s): Bartosz Bieliszczuk,Szymon Zaręba / Language(s): English

On 15 July, the Court of Justice of the EU (CJEU) ruled in favour of Poland in a dispute over the legal status of the OPAL pipeline. The verdict means that Gazprom will not be allowed to use the full capacity of the Nord Stream 1 pipeline, which is connected to OPAL. The company will challenge this while also arguing that the completion and commissioning of Nord Stream 2 (NS2) is necessary for increased gas supplies to the EU.

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Time for clear words and actions

Author(s): Josip Juratović / Language(s): English

With the Polish and Hungarian veto on the so-called Multi-year Financial Framework, the lingering conflict between the EU and its member countries that would like to enjoy the economic benefits of the EU without respecting the values of the rule of law and democracy, has recently escalated to a new level. In sign of protest against the proposed new clause regarding the rule of law, at the negotiations marathon that took place this summer heads of states and governments have already demonstrated their significantly “softened” approach with respect to the previous proposals of the European Commission and the European Parliament. Namely, what happened is that Warsaw and Budapest had blocked not just the European budget for the next seven years, but also the assistance for economic recovery of member countries, which have been affected by the Covid-19 pandemic.

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Bilten - Kroz pristupanje ka pravdi 14

Author(s): Not Specified Author / Language(s): Serbian

The topics of the newsletter through ACCESS TO JUSTICE refer to obstacles and solutions to the establishment of the rule of law and responsibility in connection with crimes committed in the recent past and will aim to affirm the needs of individuals and society arising from that experience, within the negotiations on Serbia's membership in the EU.

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Equalization of excise burden on strong alcoholic beverages a prerequisite for joining the EU

Author(s): Јelena Rancic / Language(s): English

Five years after the explanatory and bilateral screening, Negotiating Chapter 16, which refers to taxation, has not been open for negotiations. According to the 2016 and 2017 EC reports, the key problem standing in the way of opening the chapter is the unequal excise burden on domestic and imported coffee and strong alcoholic beverages. The amendments to the Excise Law, introduced in 2018, eliminated fiscal discrimination in terms of the excise tax that need to be paid on imported and domestic coffee products, but missed the opportunity to equalize the tax treatment of strong alcoholic beverages. The amendments to the law last year did not solve this problem either, and this year Chapter 16 will most likely remain closed for negotiations. Therefore, the basic recommendation of this policy brief concerns the Ministry of Finance, which should initiate amendments to the Law on excises in order to equalize the excise burden on different types of strong alcoholic beverages.

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Serbia’s EU accession negotiations on Chapter 32: Three years of negotiations out of the public eye

Author(s): Miloš Đinđić / Language(s): English

Five years have passed since Serbia began its accession negotiations with the European Union. Since then, the country has opened 16 out of the 35 negotiation chapters of the EU acquis and has temporarily closed two. Chapter 32, on financial control in the public sector, was among the first chapters to be opened, in December 2015. While Serbia has been in the process of negotiating with the EU in this area for more than three years now, it is di cult to assess the country’s progress since there has been hardly any communication to the public on developments in this field. This lack of transparency about the state of play on Chapter 32 suggests that Serbia could be struggling to achieve sufficient and speedy progress. Moreover, the absence of information about the measures Serbia has taken in this negotiation undermines democratic principles of accountability and weakens the public’s support for, and confidence in, the EU accession process.

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Towards a Smart Retention Policy for the Sustainable EU Integration of Serbia

Author(s): Milena Mihajlović,Katarina Kosmina,Dragana Bajić / Language(s): English

Adequate administrative capacities are one of the crucial preconditions for a successful and sustainable membership of Serbia in the EU. However, experienced employees have been increasingly leaving their public administration jobs due to inadequate work conditions. Given that over 50% of surveyed employees working on EU/IPA jobs have an intention of leaving the administration within the following year, a quality staff retention policy is essential, especially taking into account the relevance of these employees and their contribution to the EU accession and integration processes.

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Citizen-oriented Public Administration in Serbia - Reality or Wishful Thinking?

Author(s): Katarina Tadić / Language(s): English

The current process of public administration reform in Serbia is conditioned by the process of European integration, and thus the reform process represents the harmonization of legislative framework and public administration functioning in Serbia with European principles and good practice. Accordingly, the emphasis is on developing citizen-oriented public administration, which has become a strategic direction of the Serbian Government. However, even though the latest report of the European Commission gives Serbia a predominantly positive assessment in the area of public administration reform (PAR),1 it also reveals its concrete deficiencies. In other words, public administration in Serbia faces numerous challenges and difficulties, some of which are reflected in the lack of capacity, but some also in the reluctance of the Government and the administration to adapt to new demands.

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EU’s Benchmarking within Chapters 23 and 24 in Accession Negotiations with Serbia: Effect and Challenges

Author(s): Sena Marić,Dragana Bajić / Language(s): English

It has been exactly one year and a half since the opening of Chapters 23 (Judiciary and Fundamental Rights) and 24 (Justice, Freedom and Security) in the framework of European Union (EU) - Serbia accession negotiations. These two chapters, which address the issues related to the rule of law, have been the spiritus movens of the EU’s strategy towards the Western Balkan (WB) candidate countries, a strategy which is still evolving. Ever since the “new approach to enlargement” was defined in 2012, the EU has been upgrading its tools and resources in order to incentivise rule of law related reforms in the candidate countries and evaluate the results in that respect.

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ДЕЛА ГРАЖДАН БЕЛАРУСИ В ЕВРОПЕЙСКОМ СУДЕ ПО ПРАВАМ ЧЕЛОВЕКА

Author(s): Andrei Yeliseyeu / Language(s): Belarusian

Belarus is the only country in Europe which is not a member state of the Council of Europe; accordingly, it is not subject to the jurisdiction of the European Court of Human Rights (ECtHR, the judicial authority of the Council of Europe, established in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), 1950). Yet the nationals of our country may lodge complaints with the Strasbourg Court against the governmental agencies of the 47 member countries of the Council of Europe. And they do exercise this right. For example, the ruling of the ECtHR on the complaint lodged by the public activist Igor Koktysh against Ukraine got widely publicized in the media, as well as the ruling on the complaint of one of the key figures in the Belarusian customs corruption case, Pavel Molotchko1, lodged by him also against Ukraine.

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ВОЗМОЖНОСТИ АППРОКСИМАЦИИ ПРАВА БЕЛАРУСИ С ПРАВОМ ЕС В РАМКАХ ЕВРАЗИЙСКОЙ ИНТЕГРАЦИИ

Author(s): Maxim Karliuk / Language(s): Belarusian

This paper analyzes the prospects of approximation, or rapprochement, of the law of the Republic of Belarus with the law of the European Union (EU) in connection with the country's chosen path to Eurasian integration. Many non-EU states approximate national law with EU law, often to gain economic benefits, such as, for example, improved access to the EU internal market. The same benefits could be acquired by Belarus in the event of the start of a full-fledged process of approximation. However, there was no political will for this in Belarus, and now, due to the development of Eurasian integration, many areas are regulated at the integration level.

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ПРИЧИНЫ ОТКАЗОВ ВО ВЪЕЗДЕ В ЕС ГРАЖДАНАМ БЕЛАРУСИ В 2006 — 2011 ГГ.

Author(s): Andrei Yeliseyeu / Language(s): Belarusian

In 2011 six thousand Belarusians were refused entry to the EU. By the total number of refusals to enter the European Union, Belarus is among the leading countries, following Albania, Ukraine, Russia and Serbia. As a result of the analysis of cases of refusal to enter the EU to citizens of Belarus in 2006-2011, the following conclusions were presentedf in this paper-

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