Iustinianus Primus Faculty of Law

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Uniformity and Differentiation in the Fundamentals of EU Membership: The Rule of Law Acquis in the Pre- and Post-accession Contexts
(EU IDEA, IAI, 2020-05-31)
Preshova, D
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Hillion, Christophe
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Is the EU’s Accession Conditionality Paving the Way for a More Integrated Rule of Law Policy in the EU?
(EU IDEA, IAI, 2020-03-18)
Preshova, D
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Old Communities, New Controversies: the Community of Macedonian Speaking Muslims between Ethnicity and Religion
(2021-08)
By focusing on the contemporary developments in North Macedonia whilst having in mind the religious bases of the process of creation of national identities in the Balkans, the article addresses the correlation between ethnic identity, religion and politicization as a case of intertwinement and imbrications between these phenomena. In a broader perspective, reflecting the academic debate on the nature of ethnic identities, the article criticizes the essentialist conceptions of the fixed, durable and objective properties of ethnic identification and perceives identities as fluid constructs that are often susceptible to transformations. The article focuses on the peculiar case of the Macedonian speaking Muslim community where religion emerges as a potent source for ethnic identification. Accordingly, the article investigates how overlaps between the ethno-national and religious identities become a principal determinant of three perspectives: the ambivalent treatment and perception of inclusion and discrimination from the ethnic Macedonians, assimilation with other Muslim ethnicities and the process of formation of a distinct ethnic group.
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Is the EU’s Accession Conditionality Paving the Way for a More Integrated Rule of Law Policy in the EU?
(2020-03-18)
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Denis Preshova
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Uniformity and Differentiation in the Fundamentals of EU Membership: The EU Rule of Law Acquis in the Pre- and Post-accession Contexts
(2020-05-31)
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Christophe Hillion
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Denis Preshova
The paper discusses the nexus between the EU pre-accession condi- tionality and membership obligations to guarantee respect for the rule of law as a founding value of the EU, common to the Member States. It does so through the prism of the notions of legal uniformity and diffe- rentiation. The paper examines how the EU’s rule of law promotion in the accession process converges with and potentially inspires the pro- gressive EU articulation of standards applicable to the Member States. By focusing on the judicial dimension of the rule of law, it is argued that while a certain diversity is conceivable in the manner in which the rule of law is observed, and more specifically in how judicial independence is achieved at the national level, there is a functional rationale for the EU to circumscribe the heterogeneity of national judicial systems – and accor- dingly, for elaborating common rule of law standards in the EU.
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Europol and Differentiated Integration
(2021-01-30)
Camino Mortera-Martínez
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Zoran Nechev
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Europol has become a hub for differentiated integration. Initially a small anti-drugs unit, the EU’s police agency is now a fully-fledged body where law enforcement agencies from all around the world work together. Seen through the organisational dimension of differentiation, police cooperation through Europol has shaped differentiated integration modalities based both on the uneven participation of actors in the policy cycle and on the differentiated access to Europol’s mechanisms for exchange of information. Albeit limited, this multi-layered arrangement of police cooperation through Europol has provided the grounds for a more flexible approach towards the fight against organised crime in Europe. The various differentiated integration mechanisms at play have ultimately significantly increased transactions between law enforcement authorities in Europe and have improved cross-border cooperation in the areas within Europol’s mandate.
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European Union Conditionality in the Western Balkans: External Incentives and Europeanisation
(Springer International Publishing, 2019)
Zhelyazkova, Asya
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Nechev, Zoran
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Schimmelfennig, Frank
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Flexibility, Academia and Human Capital Formation: What Is the Role for Higher Education in Kosovo’s Transition towards a Knowledge-Based Economy?
(Boehlau Verlag Ges.m.b.H. & Co. KG, 2010-12)
This paper places Kosovo in the context of education reform and the requirements of a knowledge-based economy. As a newly independent country and a post-conflict society, Kosovo is faced with a number of critical tests on its path towards effective consolidation and sustainable development. Hindered by structural unemployment and institutional parallelism in the education sector, the development of an efficient association between higher education institutions and the labor market is perceived as a vital challenge. Thus, the paper first attempts to deconstruct the low level of adaptability and professionalization of the country’s labor force through the imbalance between the education system, market demands and the level of academic innovation. By critically reflecting on the Kosovar higher education market, the paper suggests the pursuit of certain state-centric measures in the neo-liberal administration model.Finally, the paper argues that the modernization of the higher education sector in Kosovo is critically dependent on two interdependent intra-university factors: curriculum flexibility and continuous upgrading of academic human resources.
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Predictors of Euroscepticism in six Western Balkan countries
(Informa UK Limited, 2020-04-02)
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Lavrič, Miran
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Naterer, Andrej
Based on a combination of national representative surveys and semistructured interviews conducted in six Western Balkan countries, the study represents a pioneering attempt at a systematic, comparative analysis of Euroscepticism in the Western Balkans. By employing a theoretical framework that tests the effects of utilitarian, political and cultural factors, the study identifies and interprets the strongest socio-demographical and attitudinal predictors of Euroscepticism. The study demonstrates that all three theoretical models have some explanatory power regarding Eurosceptical attitudes in the Western Balkans, albeit to different degrees. While utilitarian predictors have limited effects, domestic proxies and especially cultural factors such as traditional values, authoritarian orientations and particularly religious affiliation appear as the strongest predictors of Euroscepticism.
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The EU's Democracy Promotion Meets Informal Politics: The Case of Leaders' Meetings in the Republic of Macedonia
(Project Muse, 2018-07)
Markovikj, Nenad
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Previous studies of the effects of EU political conditionality on democratic consolidation in the candidate countries have been predominantly centered on the formal aspects of institutional compliance. But what happens when EU demands are met by EU brokered decisions in an informal, extra institutional setting? International actors, predominantly the USA and the EU, have played an essential political role in the democratization of the Republic of Macedonia ever since its independence. In times of political crises, the role of the international actors is further accentuated by the inability of domestic political parties to find a solution to specific political dead ends that seem to occur regularly in Macedonian politics. The paper analyzes the effects of EU engagement in stimulating, instigating, and managing extra-institutional political formats of decision making on democratization and institutionalization in Macedonia. The analysis focuses on the leadership meetings during political crises that have resulted in such package deals as the Ohrid Framework Agreement, the Law on Territorial Organization, and the May Agreement, with a predominant accent on the 2014 political crisis in Macedonia and its ongoing resolution. The paper argues that while such informal practices of conflict resolution might be effective in the short run, they could negatively impact the long-term prospects of institutionalization.

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