Iustinianus Primus Faculty of Law

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THE POTENTIAL OF ARTICLE 259 TFEU AS A TOOL FOR UPHOLDING THE MUTUAL TRUST IN THE EU
(University Josip Juraj Strossmayer of Osijek Faculty of Law Osijek, 2022)
Milena Apostolovska Stepanoska
;
Hristina Runcheva Tasev
;
Leposava Ognjanovska
T he principle of mutual trust, whose fundamental importance is recognized by the CJEU, is not mentioned in the Treaties, but nonetheless, it plays an essential role for the EU integration process and has become a structural principle of the EU law. In addition to its role as a basis for a large set of EU rules in the areas such as the internal market and the area of freedom, security and justice, this principle is also closely related to the EU founding values including the rule of law. Having in mind that is not a “blind trust” but an assumption, it is applied through ensuring compliance with the Union law for which both the Member States and the European Commission share responsibility, inter alia, by means of the infringement procedure. Under Article 259 TFEU, Member States are also entitled to bring a direct action against another Member State for an alleged infringement of an obligation under the Treaties. How ever, it is extremely rare for a Member State to take action upon the Article 259 TFEU and its potential remains untapped till now. T his contribution aims to answer why do Member States are inactive in terms of invoking the infringement procedure. It argues that infringement procedure initiated by a Member State against another Member State should not be perceived as a violation of the mutual trust be tween them but as a tool to uphold the mutual trust and to protect the Union’s founding values, including the rule of law.
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THE USE OF THE PRINCIPLE OF SUBSIDIARITY IN THE EU
(ISARC INTERNATIONAL SCIENCE AND ART RESEARCH CENTER, 2024)
Milena Apostolovska Stepanoska
;
Hristina Runcheva Tasev
Since the inception of the international human rights ("IHR") framework, the principle of subsidiarity has served as a cornerstone of its organizational structure. At its core, subsidiarity asserts that IHR norms are most effectively implemented at the lowest feasible level of national authority. Hence, prior to a supranational or multinational body intervening in a human rights case on a global scale, it is incumbent upon them to ensure that the primary responsibility for addressing the pertinent violation lies with the state concerned. Moreover, subsidiarity dictates that the domestic government should be afforded the optimal opportunity to devise corrective measures even after supranational authorities have investigated or adjudicated on a human rights issue. The significance of the principle of subsidiarity within IHR law can be analyzed from various perspectives. Firstly, regarding its applicability, it's recognized that adherence to decisions made by international bodies with binding authority on human rights cannot be compelled solely through subsidiarity. Thus, within the international framework, the execution of judgments from non-enforcement institutions relies on the coherence of national authorities and their utilization of policing functions to enforce IHR legislation. Moreover, a crucial rationale behind subsidiarity is that domestic authorities are better positioned to serve the objectives of IHR content and implementation accurately and effectively in the event of violations. They possess more expertise than international officials in addressing issues within their own borders. Despite IHR legislation being considered universal, subsidiarity acknowledges that each country maintains sovereignty over incidents within its territory. This recognition underscores respect for national sovereignty. The main aim of this research is to present a critical point of view over the use of the principle of subsidiarity in the EU.
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PEJZAŽ SAJBER BEZBEDNOSTI I DIGITALNA FORENZIKA: MAKEDONSKA PERSPEKTIVA
(Fakultet organizacionih nauka, Beograd, Jove Ilića, br. 154, 2021)
Milena Apostolovska Stepanoska
;
Hristina Runcheva Tasev
Različiti pristupi sajber sigurnosti preduzeti su kao odgovor na veliki broj pretnji u sajber prostoru. Ovaj rad će istražiti makedonsko zakonodavstvo koje tretira sajber kriminal i nacionalni pristup jačanju kapaciteta sajber sigurnosti i razvoju digitalne forenzike kao neophodan odgovor na sve veći broj napada koji se dešavaju u sajber prostoru.
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E-COMMERCE DEVELOPMENT DURING THE COVID-19 PANDEMIC: THE MACEDONIAN CASE
(Београдска академија пословних и уметничких струковних студија, 2022-06)
Milena Apostolovska Stepanoska
;
Hristina Runcheva Tasev
;
Aneta Stojanovska
In general, coronavirus has changed the way individuals, companies and countries in general have functioned so far. The pandemic left consequences in almost all segments of social life, and the reduced turnover of companies was a motive for digitalization of services. Many companies and institutions that in the past weren’t providing services electronically began to use alternative ways to offer their products and services online. The paper will present the authors' research on online shopping made during the 2020 pandemic, and will provide an overview of the challenges facing ecommerce development and will offer adequate conclusions that may be applicable in the future. Macedonians, according to the official data available from the National Bank, in the first six months of 2020 made a turnover of 4.3 billion denars with payment cards in domestic online stores, which is an increase of 113% compared to the first six months of 2019. According to the official data, in June 2020 there were 1,223 virtual points of sale, i.e. eshops, which is an increase of 20% compared to December 2019. These data as well as the findings of the authors in their research confirm the basic hypothesis that the crisis caused by Covid-19 had a positive impact on the development of e-commerce in our country.
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CONCEPTUAL ANALYSIS OF MODERN EUROSCEPTICISM
(Institute Of Economic Development And Social Researches Publications, 2024-08)
Milena Apostolovska Stepanoska
;
Hristina Runcheva Tasev
Understanding euroscepticism goes beyond normative concerns about deepening European integration. It encompasses various aspects of political behavior, identities, public policies, democratic legitimacy, economy, ideology, and more. Euroscepticism is a complex and evolving phenomenon that lacks a universally accepted theoretical framework. Broadly, it denotes opposition to the European Union, whether in its entirety as a supranational entity or in its current structure, form, and political trajectory. Furthermore, euroscepticism manifests across the political spectrum, from left to right. Factors such as economic crises, fiscal policies, and the refugee crisis have intensified negative sentiments toward the EU among its populace. This environment has fostered the growth of eurosceptic parties and groups espousing populist and nationalist agendas. This study aims to delineate the contemporary dimensions of euroscepticism within the EU, following a review of the theoretical framework and essential conceptual clarifications related to euroscepticism. The results indicate that euroscepticism primarily revolves around concerns regarding sovereignty, identity, and the level of trust in national political systems. Additionally, euroscepticism correlates with the two significant crises that have challenged the EU and considerably tarnished its reputation: the economic crisis and the refugee crisis.
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Applied Policies
(Praven Fakultet Justinijan Prvi, 2021-05)
Zoran Ilievski
;
Vladimir Bozinovski
;
Vasko Naumovski
;
Hristina Runcheva Tasev
;
Milena Apostolovska Stepanoska
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Union based on the rule of law: the Court of Justice of the European Union and the (future of) European integration
(Eastern Journal of European Studies, 2020-12)
Milena Apostolovska Stepanoska
;
Hristina Runcheva Tasev
;
Leposava Ognjanovska
The judicial contribution to the dynamic process of European Integration was especially important, as the Court of Justice of the EU, through its creative and extensive interpretation of the Treaties, became an important catalyst for the integration process. The next phase of the European integration seems to be the ‘integration through the rule of law’, as the further development of this process must be based on a secure and solid ground, reaffirming the Union as a community of values. Given its importance for the confidence of citizens in the Union and the effective delivery of policies, the rule of law is of central relevance to the future of Europe. The main aim of this paper is to examine the progressive and influential role of the CJEU regarding the integration process, as a starting premise for determining its potential as an actor in the process of overcoming the following challenges.
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INTERNATIONAL AND MACEDONIAN LEGAL TREATMENT OF THE EDUCATIONAL RIGHTS OF REFUGEES
(: Journal of Liberty and International Affairs | Journal of Liberty and International Affairs, 2023-07-10)
Milena Apostolovska Stepanoska
;
Hristina Runcheva Tasev
;
Leposava Ognjanovska
This article aims to provide an overview of the legal framework protecting the right to education of refugees in North Macedonia. The right to education is one of the fundamental human rights guaranteed by many international legal instruments. International treaties are particularly strong on the universality of the right to education. In the first part of the paper, the authors examined various international legal instruments regarding the educational rights of refugees and immigrants. In the second part, the emphasis was placed on the Macedonian legal framework and public policies by examining the incorporation of the norms of international law into the domestic legal order by comparison. As part of the so-called Balkan route, North Macedonia has witnessed mixed migration flows from the Middle East through the Balkans on their way to Central and Western Europe in 2015-2016. Although it has been a transit country for most of the time, there are some asylum seekers whose educational rights were disregarded due to the existing gap between the legislation and implementation. The authors’ conclusion emphasizes the challenges that have to be tackled by different stakeholders in order to facilitate access to education for refugees entirely.
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E-COMMERCE DEVELOPMENT DURING THE COVID-19 PANDEMIC: THE MACEDONIAN CASE
(Belgrade Business and Arts Academy of Applied Studies, 2022)
Aneta Stojanovska-Stefanova
;
Marija Magdincheva-Shopova
;
Hristina Runcheva Tasev
;
Milena Apostolovska Stepanoska
Abstract: In general, coronavirus has changed the way individuals, companies and countries in general have functioned so far. The pandemic left consequences in almost all segments of social life, and the reduced turnover of companies was a motive for digitalization of services. Many companies and institutions that in the past weren’t providing services electronically began to use alternative ways to offer their products and services online. The paper will present the authors' research on online shopping made during the 2020 pandemic, and will provide an overview of the challenges facing ecommerce development and will offer adequate conclusions that may be applicable in the future. Macedonians, according to the official data available from the National Bank, in the first six months of 2020 made a turnover of 4.3 billion denars with payment cards in domestic online stores, which is an increase of 113% compared to the first six months of 2019. According to the official data, in June 2020 there were 1,223 virtual points of sale, i.e. eshops, which is an increase of 20% compared to December 2019. These data as well as the findings of the authors in their research confirm the basic hypothesis that the crisis caused by Covid-19 had a positive impact on the development of e-commerce in our country.
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THE POTENTIAL OF ARTICLE 259 TFEU AS A TOOL FOR UPHOLDING THE MUTUAL TRUST IN THE EU
(Faculty of Law Osijek, 2022-06)
Hristina Runcheva Tasev
;
Milena Apostolovska Stepanoska
;
Leposava Ognjanoska
The principle of mutual trust, whose fundamental importance is recognized by the CJEU, is not mentioned in the Treaties, but nonetheless, it plays an essential role for the EU integration process and has become a structural principle of the EU law. In addition to its role as a basis for a large set of EU rules in the areas such as the internal market and the area of freedom, security and justice, this principle is also closely related to the EU founding values including the rule of law. Having in mind that is not a “blind trust” but an assumption, it is applied through ensuring compliance with the Union law for which both the Member States and the European Commission share responsibility, inter alia, by means of the infringement procedure. Under Article 259 TFEU, Member States are also entitled to bring a direct action against another Member State for an alleged infringement of an obligation under the Treaties. How- ever, it is extremely rare for a Member State to take action upon the Article 259 TFEU and its potential remains untapped till now. This contribution aims to answer why do Member States are inactive in terms of invoking the infringement procedure. It argues that infringement procedure initiated by a Member State against another Member State should not be perceived as a violation of the mutual trust between them but as a tool to uphold the mutual trust and to protect the Union’s founding values, including the rule of law.

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