Iustinianus Primus Faculty of Law

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Author: search.filters.author.Leposava Ognjanoska

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    Reinforcing the EU Enlargement Policy Towards Western Balkans: Access to the Single Market as a Credible Goal
    (European Papers - A Journal on Law and Integration, 2022-11)
    Leposava Ognjanoska
    The promised European future for the Western Balkans still seems to be distant and uncertain, in spite of the many geo-strategic, political, economic and security arguments in favour of completing the process of unification. On the one side, the European integration process through economic and political reforms should lead these countries to become EU members and set high expectations of what the prospects of membership should deliver in the region. On the other hand, the countries are still far from ready for membership while the EU political commitment is not accompanied by more tangible action which questions the credibility of enlargement policy. Over the recent years, there is a growing need for a renewed narrative to revive and sustain the incentives for the states of the Western Balkans to continue their European integration journey and overcome an apparent impasse over accession prospects. The main argument of this Article is whether the EU accession process with regard to the Western Balkans can be reinforced in a manner of a merit-based process that offers a credible goal by granting access to the EU single market as an interim accession goal that inspires real change, while reducing the sense that further EU enlargement is risky endeavour. In order to provide a relevant conclusion, the Article reviews the economic effects of previous rounds of enlargements and the relevant instruments employed towards the Western Balkans, to examine the plausible limitations and prospects.
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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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    LEGAL AND JUDICIAL SYSTEM TRANSFORMATION IN TRANSITION ECONOMY: THE MACEDONIAN CASE
    (Faculty of Law and Business Studies, Catholic Institute, Ljubljana, Slovenia, 2022)
    Hristina Runcheva Tasev
    ;
    Aneta Stojanovska-Stefanova
    ;
    Leposava Ognjanoska
    Economic growth and poverty reduction are highly dependent on the well-functioning legal and judicial institutions. Experience in transition countries suggests that the legal transition and economic performance go hand in hand in advancing results. The transition from socialism to capitalism in the Republic of North Macedonia has required fundamental reforms of legal and judicial institutions. The paper analyses the experience of the country in the legal and judicial institutions transformation, a long-term process that still has active and ongoing reforms. Despite the adoption of the structural preconditions for judicial independence (legal framework, judicial councils, and academies), political intervention, corruption and influence in judicial decisions are common and legal uncertainty remains. The authors ex- plore the effects that the legal and judicial institutions’ trans- formation has on Macedonian economic development by drawing data from official sources/reports. The conclusions suggest that creating a well-defined judiciary system with enforcement ability should be a priority for the executive branch of the Macedonian government to achieve improved economic performance and functional market economy.