Contents
Alain LEROY
STABILIZATION OF MACEDONIA AND INTEGRATION IN EUROPE
Dimitar MIRCEV
THE CONSTITUTION
AND THE NEW POLITICAL ARCHITECTURE OF EUROPE
Vladimir GLIGOROV
ENLARGEMENT OF THE EUROPEAN UNION AND THE BALKANS
Tatjana PETRUSEVSKA
THE NICE TREATY OF 2000
- REFORM OF THE INSTITUTES OF THE UNION
Renata TRENESKA
“PARLIAMENTARY LAW” OF THE EUROPEAN UNION
Tanja KARAKAMISEVA
THE EUROPEAN UNION AND THE SOUVEREIGNITY
- DILEMMAS AND THE CONTROVERSIES
Dobrinka TASKOVSKA
PRINCIPLE OF NON-DISCRIMINATION
IN THE LEGISLATION OF EU
Goce GALEV
HARMONIZATION: MEAN FOR INTEGRATION
AND ENLARGEMENT OF THE EUROPEAN COMMUNITY
Elena ANDREEVSKA
THE IMPORTANCE OF INTERNATIONAL LAW IN DEALING
WITH MINORITY ISSUES IN MACEDONIA:
PRECONDITION FOR EUROPEAN INTEGRATION
Ana PAVLOVSKA-DANEVA
EUROPEAN OMBUDSMAN: FROM ANTICIPATION TO REALIZATION
Zaneta COSE
COMPARATIVE ANALYSIS OF THE LEVEL OF HUMAN DEVELOPMENT
IN EU AND IN MACEDONIA
Summary
STABILIZATION OF MACEDONIA AND INTEGRATION IN EUROPE
[Alain LEROY]
This is an address of Mr.Alain LEROY to the members of the European Movement in Macedonia, at the occasion of their meeting in Skopje in October 2002. The author analyses the steps that Macedonia needs to undertake for its integration in Europe. The first priority, of course, is the stabilization on security, political and economic plan. After the conflict in 2001, the author in his speech underlines many positive processes directed towards complete implementation of the Ohrid Framework Agreement signed in 2001, including the enactment and enforcement of the laws with essential importance for further stabilization of the country; also, the fair and democratic elections as a key precondition for accession in the European Union… Finally, in his analysis, the former Eurorepresentative in Macedonia brings to our attention the forces and capacities of the country for solving the political crisis.
THE CONSTITUTION AND THE NEW POLITICAL ARCHITECTURE OF EUROPE
[Dimitar MIRCEV]
The author examines the genesis, directions and current results in drafting the Constitutional Treaty for Federal Europe. This act represents a substantial step in advancement of the European integration, after the treaties of Maahstriht, Amasterdam, Nice and Laeken as well as after their intense implementation over the last few years. The essay offers a review of legal, political and academic documents serving as a ground for formulation of the draft of the Constitution. A description is made of the activities and the results of the work of the European Convention as well as of the civic Forum focused on the debate and elaboration on institutional solutions on the future of Europe. The author presents the basic solutions contained in the recently published designs of R. Badinter and the President of the Convention, G. D’Estaign.
ENLARGEMENT OF THE EUROPEAN UNION AND THE BALKANS
[Vladimir GLIGOROV]
The process of the enlargement of the EU towards east and south – east Europe was designed as a process of convergence of the countries in transition that were already partially or potentially integrated in the European Union. The Balkan region is relatively undeveloped and there is a serious problem of whether the convergence with EU can be a sustainable process in terms of the comprehensive approach of the EU towards the enlargement. As a conclusion, it can be stated that the EU has learned from its mistakes in the Balkans. But, the emerging situation has eliminated the possibility for some fast – track interventions. Thus, the Balkans is faced with a long and difficult trail towards Europe.
THE NICE TREATY OF 2000 - REFORM OF THE INSTITUTES OF THE UNION
[Tatjana PETRUSEVSKA]
Paralelly with the problems that the process of enlargement of EU towards East is creating for the countries of the Central and Eastern Europe, it also opens very vital issues related to the functioning of the institutes of EU. These are partially related to the increasing number of member-countries. Every new enlargement imposes more complicated and long-term-in other words less efficient-process of decision-making. Therefore, through formal redefinition of the institutes of the Union, the EU is making attempts to confront this problem. Thus, the Treaty of Nice was enacted, introducing three essential institutional reforms:
- first, replacement of the consensual with the qualified majority principal in 29 areas of decision-making;
- second, cancellation of the position of second commissioner for the biggest member-countries-Great Britain, France, Germany and Spain;
- and third, repondering of the national votes in the Council.
“PARLIAMENTARY LAW” OF THE EUROPEAN UNION
[Renata TRENESKA]
This article deals with the position of the European Parliament. It treats the questions of the composition of the Parliament, position of its members expressed through the manner of their election, free representative mandate and their immunity. The position of the bodies and officials of the Parliament is also analyzed. Special attention is paid to the competencies of the Parliament: legislative, supervisory, budgetary and other. In regard of the legislative competence, the strengthening of the role of this institution could be noticed, because it has started only with having consultative role in legislative matters, than it acquired role in the cooperative procedure and now it plays role in co-decisional procedure. The supervisory competence is analyzed through the competencies of the Parliament toward the Council and Commission, and the budgetary competence is treated as one of the most important competencies through the real strength of the Parliament is expressed.
THE EUROPEAN UNION AND THE SOUVEREIGNITY - DILEMMAS AND THE CONTROVERSIES
[Tanja KARAKAMISEVA]
The nation – states and its sovereignty will survive as a key segment of the political decision – making process in the EU framework for a quite long period of time, despite of the over represented ideas for transformation of the European Union in the federal community based on the community system principles, and the community method of integration.
PRINCIPLE OF NON-DISCRIMINATION IN THE LEGISLATION OF EU
[Dobrinka TASKOVSKA]
The principle of non-discrimination (equality), as a general legal principle and element of what is called “the basis” of the legislation of EU, is not paid much attention to in the Macedonian general and professional public, as a concept of “general legal principles” and non – discrimination. The general legal principles are an important source for the legislation in the contemporary European legal culture, abbreviation for and expression of certain common and relatively permanent values, as well as a mean for active juridical contribution towards the development of the legislation. The letter (the non – discrimination) in Macedonia, unfortunately appears only as a matter of the daily political rhetoric, most often in context of ethical – and more recently, gender issues – but with completely arbitrary, politicized and inaccurate meaning, which has very little in common with the contemporary European and worldwide concepts for equality and non – discrimination. For those reasons, the analysis of the principle of equality, which is a general legal principle in the EU legislation, is interesting from many aspects.
HARMONIZATION: MEAN FOR INTEGRATION AND ENLARGEMENT OF THE EUROPEAN COMMUNITY
[Goce GALEV]
In this essay, the author is analyzing the harmonization as a basic mean for integration and enlargement of the European Union. Using the descriptive – analytical approach towards the phenomenon of harmonization of the legislation in the candidate – countries for accession in European Union, the author is analyzing the aims and mechanisms of harmonization within European Community, distinction between the harmonization and unification, the methods of harmonization and the harmonization itself, of the legislation of the countries that have signed the European agreements (SAA), focusing on the Republic of Macedonia and its Stabilization and Association Agreement with the European communities.
THE IMPORTANCE OF INTERNATIONAL LAW IN DEALING WITH MINORITY ISSUES IN MACEDONIA: PRECONDITION FOR EUROPEAN INTEGRATION
[Elena ANDREEVSKA]
The author of this essay is focusing on the relation of the international law and solving the minority rights in the context of the European integration processes and through the prism of internal and external political influence, geopolitical solutions, etc ., in the transition period. Apart from the post Yugoslav military settings, there is a positive scenario based on the unification of the European region in which the Balkans has to be integrated. This scenario, except for being wanted, is imposed as the only possible solution, in terms of the proclaimed efforts for peaceful, stable and prosperous Southeast Europe being part of European Union. In this context is the future of the Republic of Macedonia.
EUROPEAN OMBUDSMAN: FROM ANTICIPATION TO REALIZATION
[Ana PAVLOVSKA-DANEVA]
After the brief historical review of the main phases in the development of the Ombudsman institution, the author of this essay is focused on the idea of establishment of one over – national or over – state mechanism for protection of the rights of the citizens of the European Union. Beginning with the main task of the European ombudsman – solving the specific cases of inappropriate management – this essay is reviewing the authority and functioning of this institution, the benefits of up – to –date operation through analysis of the statistical data. The essay is also focused on the issue of how big is the role of the European ombudsman in providing assistance to the European citizens in comprehensive and complete exercising of their rights.
COMPARATIVE ANALYSIS OF THE LEVEL OF HUMAN DEVELOPMENT IN EU AND IN MACEDONIA
[Zaneta COSE]
Human Development Index, which is the most important aggregate indicator of community ranges and their success in promotion on life conditions, should become the best indicator for future government actions. Investments in human resources, for promoting life conditions, to excel the poverty and fight for clean water and environment, as well as technical, technological and science development which are fundamental for promoting the human development, are just a part of EU members sustainable development policy. Macedonia needs reestablishment of basic principals of sustainable development and stabilization policy for economical growth.
Macro economical stability in Macedonia need to be maintain by increased domestic products offer, what should help for sustain stability on permanent basis. To alleviate the unfavorable conditions by investments should be taken some measures to accelerate and sustain the growth, to intensify the process of firm restructure and to attract more direct foreign investments.
Editorial Board
List of involved authors
