Contents
Biljana SEKULOVSKA-GABER
EUROPEAN UNION-THE HIGHEST POINT OF THE INSTITUTIONALIZING OF THE INTEGRATION PROCESS
Dragan TILEV
THE CONTRACTUAL RELATIONS OF THE REPUBLIC OF MACEDONIA
WITH THE EUROPEAN COMMUNITIES AND POTENTIAL BENEFITS
Vanco UZUNOV
STRATEGY FOR ENHANCING THE MACEDONIAN EXPORT TO EU
Rubin ZARESKI
MACEDONIAN POLICY FOR THE TRADE WITH EU
Verica HADZI-VASILEVA MARKOVSKA
THE MACEDONIAN BUSINESS COMPETITIVENESS AND EXPORT TO EU
Tanja KARAKAMISEVA
EUROPEAN CONSTITUTION - REALITY OR IMAGINATION
Renata TRENESKA
THE CITIZENSHIP OF THE EUROPEAN UNION
Metodija KANEVCEV
ELECTION LAW
Dejan MICKOVIK
DIVORCE SYSTEMS IN THE EU COUNTRIES
Nikola TUPANCESKI
COMPARATIVE REVIEW OF THE EUROPEAN CRIMINAL
LEGISLATION CONCERNING THE TAX EVASION
Toni DESKOSKI
UNIFICATION OF THE CONFLICT RULES FOR CONTRACTUAL
OBLIGATIONS IN THE EUROPEAN COMMUNITY LAW
Aleksandar MATOVSKI
EUROPE'S ENERGY SECURITY
Summary
EUROPEAN UNION – THE PEAK OF THE INSTITUTIONALIZATION OF THE INTEGRATION PROCESSES
[Biljana SEKULOVSKA-GABER]
The institutionalization of the integration processes in Europe has gone through two different roads. One is the approach of the economic analysts which is completely skeptical and has all the fears about the repression of the process undertaken. The other approach tries to show that a diversity in the EU is a unique road for preserving the unity. This article definitely belongs to the second group. It shows that the dominance of the EU comes from the economy which produces interdependence and solidarity. That strength has its roots into the globalization, the positive trends in the international trade, the role of technological change, the growth and spread of transnational corporations and the direct foreign investments.
(Full text - Macedonian only)
THE CONTRACTUAL RELATIONS OF THE REPUBLIC OF MACEDONIA WITH THE EUROPEAN COMMUNITIES AND POTENTIAL BENEFITS
[Dragan TILEV]
The contractual relations of the Republic of Macedonia with the European Communities (European Union) have been analyzed in this article. Being focused on the reasons for membership of the Republic of Macedonia in the European Union, as well as on the objectives of that membership, potential benefits, negative consequences, expenses and criteria, the author gives chronological review of the contractual relations of the Republic of Macedonia with the European Union, with emphasis on the Stabilization and Association Agreement. At the end of the article, particular chapters from the Agreement are elaborated, concerning the political dialog, regional cooperation, free flow of goods and labor, unification of the legislation, political and financial cooperation, as well as cooperation within the domains of justice and internal affairs.
STRATEGY FOR ENHANCING THE MACEDONIAN EXPORT TO EU
[Vanco UZUNOV]
The main objective of the article is to pay attention to the strategic, long term aspects related to the Macedonian export to EU. Within the wider process of integration of the Republic of Macedonia in the European Union, the very first efforts should be focused on the foreign trade relations. However, the whole specter of economic issues should be interconnected reaching that aim. Otherwise, it might happen – the strategy to become short term policy. Says the author, enhanced Macedonian export to EU should be a consequence of Macedonia’s future economic development, bearing in mind at the same time that the very same export should be the driving force of that development. Therefore, within the subject, the basic profile of the Macedonian economy has been drafted, as well as some points of strategic nature, all together being preconditions for Macedonian integration in EU.
MACEDONIAN POLICY FOR THE TRADE WITH EU
[Rubin ZARESKI]
The potential membership of the Republic of Macedonia in the European Union has been determined by the development and implementation of two components: political and economic, says the author of this article. The process of enlargement of the European Union has been observed, giving some information about the measures necessary to be undertaken by the candidates. In that context, the author underlines some possible strategies concerning the trade policy between the Republic of Macedonia and the European Union. Macedonian advantages and disadvantages have been analyzed, based on some comparative studies.
THE MACEDONIAN BUSINESS COMPETITIVENESS AND EXPORT TO EU
[Verica HADZI-VASILEVA MARKOVSKA]
The promotion of Macedonian industrial competitiveness might be among the most valuable economic benefits, if Macedonia becomes a member of the European Union, says the author of this article in her analysis. The challenge for inexperienced economic entities being present on the Macedonian market today lies in the fact that the European market is almost unlimited but highly competitive as well. Therefore, the national economy and the particular businesses should undertake some preparation activities in the pre – accession period. Some basic issues concerning the improvement of the Macedonian business competitiveness are elaborated.
EUROPEAN CONSTITUTION - REALITY OR IMAGINATION
[Tanja KARAKAMISEVA]
The issue whether the European Union needs a constitution as a joint European document, whether the constitution is provoked by European reality, or it is ordinary imagination, has no simple meaning, but contains simple answer. The need for drafting the European constitution is part of the reality arised at the present stage of European integration.
The fact that aims and joint interests among the Member states are no longer the same starting from the moments when EC is established until today, is a proof more that the EU has to perform new quality in its development.
The EU is (con)federacy of states which goes far beyond the traditional notion of a federation – yet without being a classical federal state. This gives rise to the need for a written constitution as a document. It has to define and establish the basis and principles of this complex mechanism – EU.
THE CITIZENSHIP OF THE EUROPEAN UNION
[Renata TRENESKA]
This article deals with the question of the citizenship of the European Union. The citizenship of the Union is treated as sui generis citizenship, especially because it is derived from the citizenship of the member states and because the Union does not have the right to decide who is its citizen. The article deals with the reason for introduction of the concept of European citizenship, as well as with the resistance and fear, which had confronted this idea.
Treating the citizenship in general, as a status which carried in itself certain rights and duties, this article pays special attention to the rights which are part of the citizenship of the European Union, and which are contained in the Articles 17 to 21 from the Treaty Establishing European Community; as well as to the special aspects of the realization of these rights in the practice.
At the end this article deals with the weaknesses of the concept of citizenship of the European Union, which appear from the differences in the national concepts of the citizenship, as well as from the fact that European citizenship depends and is complementary with the citizenship of the member states.
ELECTION LAW
[Metodija KANEVCEV]
The author of this article pays attention to the election law, as one among the most important political rights of the citizens. It is characterized as massive and organized participation in the process of political decision making, related to the constitution of the government and the establishment of its legality and legitimacy.
After his general overview of the contents and functions of the election law, the author gives short historical description of the appearance and development of the election law. After that, he is focusing particularly on the issues related to the characterization of this law, as well as on its basic principles. He prescribes some minimum of attributes that should be consisted in every democratic electoral system.
DIVORCE SYSTEMS IN THE EU COUNTRIES
[Dejan MICKOVIK]
The article keeps its focus on the divorce systems practiced in the countries of the European Union. Based on the main tendencies within the European legal frameworks on this issue, the forecast for reform of this type legislation goes into direction of further liberalization. The preconditions for divorce might be abolished; waiting time for particular types of divorces might be shortened, altogether with the wider acceptance of the practice – the marriage to be divorced by the one – sided expression of the will of each partner. In a word, the long evolution of this important aspect of the family law has caused radical transformation of all European countries legislation.
COMPARATIVE REVIEW OF THE EUROPEAN CRIMINAL LEGISLATION CONCERNING THE TAX EVASION
[Nikola TUPANCESKI]
Short review of the criminal legislation concerning the tax evasion, has been the point of the author’s interest in this article. According to the author, there are two legal models being practiced in the western countries concerning the tax evasion. The first system, the continental one, accepted by the French and German law, has some criminal law articles incorporated within the tax related legislation. The second one, accepted by the legal practice of Great Britain and the United States, deals with the tax related cases on the basis of precedent law. While French has been recognized as the most comprehensive legal system among the European countries concerning the tax evasion, the author underlines US regulation as the most sophisticated and consistent.
UNIFICATION OF THE CONFLICT RULES FOR CONTRACTUAL OBLIGATIONS IN THE EUROPEAN COMMUNITY LAW
[Toni DESKOSKI]
The EC Convention on the Law Applicable to Contractual Obligations (1980) establishes uniform conflict rules for contractual obligations in the European Community Law. It applies to contractual obligations in any situation involving a choice between the laws of different countries and it has universal application, i.e. applies equally to contracts having no connection with an EC Contracting State and to contracts with such connection.
The basic principle for determining the law applicable for contractual obligations, under the convention, is the freedom of choice of the parties, although this principle is limited by expressly stated Convention rules.
The most important step in incorporating the contemporary Private International Law theories from the second half of twentieth century is performed by adoption of the concept of mandatory rules. This concept means, that the Court applying the Convention can evade its conflict rules, and directly apply to the contract, either its domestic mandatory rules, or mandatory rules of the law of a third country, depending whether the elements of the case have close connection with one of those countries.
EUROPE'S ENERGY SECURITY
[Aleksandar MATOVSKI]
The issue of energy security of the EU is a complex and comprehensive one as it has impact on economic, social, political, security and environmental policies.
The unique set of problems composed of the growing dependence from external sources and their concentration in geopolitically unstable areas, the restructuring process in the energy sector as well as the policies of climate change are the most prominent challenges that the system of energy security in EU must face.
Although energy issues played a prominent role in the agendas of the European communities, to this day no separate energy chapter exists in the EU treaties.
The experiences show that, despite the political support for the alternatives, such as energy efficiency and renewables, the key effort to secure the energy security of the Union will have to be directed toward the security of supply and “managing” of import dependence.
Editorial Board
List of involved authors
