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11. Protecting checks and balances to save the Rule of Law

Author:
Eric Maurice
Publication Date:
04-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
For half a decade, the Polish government has been reshaping the country's judicial system in a process described by the European Union as a "threat to the rule of law". Despite numerous Council of Europe reports and resolutions, several infringement proceedings and decisions of the Court of Justice of the European Union (ECJ), and the unprecedented activation of the so-called Article 7 procedure of the Treaty on European Union (TEU), the transformation of the judiciary into relays of political power has continued and accelerated since the Law and Justice Party (PiS) won a new term in 2019 and the reelection of President Andrzej Duda in 2020, pushing Poland to the limits of the European legal order.
Topic:
Government, European Union, Courts, and Rule of Law
Political Geography:
Europe and Poland

12. Legal Positivism: AN Obstacle in the Process of Strengthening the Rule of Law in Bosnia and Herzegovina

Author:
Benjamin Nurkic
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time, legal positivism as a part of the process of strengthening the rule of law in Bosnia and Herzegovina. This paper is an attempt to gather, and in one place present all the advantages offered by the constitutional system of Bosnia and Herzegovina that were not used by its institutions due to the application and implementation of legal positivism. This paper demonstrates misguided reform policies whose sole purpose was the strengthening of the rule of law in Bosnia and Herzegovina but turned to be just superficial adjustments that were unsuccessful. The paper argues the necessity of legal education reform as the key element in the process of strengthening the rule of law. Legal education reform is possible through the reduction of legal positivism impact on future lawyers, and this will be accomplished by the change in the paradigm of legal understanding among future lawyers who will make important decisions on the rule of law in Bosnia and Herzegovina. Two strategic objectives must be met in terms of legal education reform for the strengthening of the rule of law: the development of a critical stance towards legal provisions in force and training in the use of international instruments during the decision-making process.
Topic:
Law, Reform, Constitution, Rule of Law, and Legal Aid
Political Geography:
Europe and Bosnia and Herzegovina

13. Lgitimisation of Autocracy in Turkey and Russia through the Review of the Constitution

Author:
Etleva Paplekaj
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The review of the constitution emanates from the constitution, from the institute of constitutional review of which the latter is closely related to the dynamic processes in society as well as with the demand for sustainable stability, stability which very well it may be economic, political or social, national or international, the stability that affects even the constitutional order itself in a state. In this article, we will address the constitutional changes, the amendments over the years In Turkey and Russia which are 'proof' of the violation of the constitutional order, 'proof' of the impinging of democracy and stability in the country. Through this article, we will see that the constitutional system, rule of law, democracy or its consolidation, the stability in the country to a large extent are influenced by the way it is conducted the constitutional review process. The application or non-application of this instrument has multi-dimensional effects, negative, destabilizing ones.
Topic:
Reform, Democracy, Constitution, Political stability, Rule of Law, and Institutionalism
Political Geography:
Europe and Turkey

14. Rule-Bending Debates in Recent Finnish EU Policy: Pacta Sunt Servanda?

Author:
Saila Heinikoski
Publication Date:
02-2021
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs
Abstract:
The Finnish EU policy line has traditionally been adaptable and compromise-seeking, but recent examples related to the rule-bending of EU law reveal some new tendencies. Finland has stood out from the European mainstream in several cases that relate to the rule-bending of EU law in three different ways: rule-bending by others, collective rule-bending, and its own rule-bending. First, intervening in rule-bending by others has found support in Finnish EU policy. Finland prioritized the rule of law in its 2019 Council presidency, as well as in the Government Report on EU policy published on 28 January 2021. Second, alleged collective rule-bending seems to be linked to the threat of federalism. In negotiations on the recovery and resilience facility in 2020, there was a wide domestic debate on whether the result was consistent with the traditional interpretation of EU treaties. Third, Finland’s own rule-bending of the Schengen Border Code’s six-month limit for internal border controls during the Covid-19 crisis seems to have been quietly accepted, with the Interior Minister acknowledging the existence of an “illegal state of affairs”.
Topic:
Regional Cooperation, Treaties and Agreements, European Union, Rule of Law, Regionalism, and Federalism
Political Geography:
Europe and Finland

15. The EU-Turkey Visa Liberalization Saga: Lessons from the European Neighborhood

Author:
Ioannis N. Grigoriadis and Ayşe Tuba Uslu
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
This policy paper co-authored by Ioannis Grigoriadis, Senior Research Fellow of ELIAMEP and Head of its Turkey Programme, and Ayşe Tuba Uslu, Senior at the Department of International Relations of Bilkent University, lays out the main challenges for the successful conclusion of the Visa Liberalization Dialogue (VLD) between the European Union and Turkey. It examines the impact of democratic backsliding, the decline of the rule of law, fundamental rights and divergence in the legal framework regarding organized crime and anti-terrorism on the VLD and highlights the mistrust that has developed between the parties. Through a comparison between Ukrainian, Georgian, Moldovan and Turkish VLDs, it aims to highlight how the VLD could come to a successful conclusion.
Topic:
Human Rights, Migration, Rule of Law, Visa, and Liberalization
Political Geography:
Europe, Turkey, Ukraine, Moldova, Middle East, Georgia, and Mediterranean

16. Public Administration in the era of Covid-19: Policy Responses and Reforms underway

Author:
Manto Lampropoulou
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
Covid-19 has caused an unprecedented shock to the state apparatus and has triggered major reforms in the administrative system of Greece. Policy responses to the pandemic have brought about several positive changes towards the modernization and de-bureaucratization of public administration. However, the pace and scale of change vary significantly. The pandemic has acted as a strong driver for the digital transformation of the public sector and the strengthening of e-government policies. Numerous administrative procedures were streamlined, digitalized and simplified, working conditions have become more flexible and several improvements have taken place in service delivery and state-citizen relations. The observed centralisation of decision-making and the often use of fast-track procedures have raised questions of democratic control, transparency and the rule of law, while the emergency measureshave been criticized for the threats they pose for the protection of citizens’ rights, individual liberties and personal data. A key challenge remains the integration the emergency measures of the covid-19 policy agenda into a longer-term programme of administrative reform in the post-covid era.
Topic:
Reform, Democracy, Rule of Law, Public Policy, Transparency, COVID-19, and Digital Policy
Political Geography:
Europe and Greece

17. The Lie Detector and the Stories about It: Narrative of the Fight against Organised Crime in the Function of Capturing the State

Author:
Marija Pavlovic, Bojan Elek, and Milos Jovanovic
Publication Date:
03-2021
Content Type:
Commentary and Analysis
Institution:
Belgrade Centre for Security Policy
Abstract:
How the narrative of the fight against organised crime is used to capture the state? Find out in the latest BCSP analysis. The objective of this report is to analyze the narrative of the fight against organised crime, i.e., the story the authorities are offering the public concerning this topic, for the purpose of establishing how it is used to capture the state. More precisely, the analysis attempts to explain how the polygraph was abused during the declared war on mafia to suspend judicial institutions, ‘cleanse’ some in the eyes of the public or criminalise others outside the statutory criminal procedure, and to identify the consequences of this approach to fighting organised crime. The so-called war on mafia officially began on 19 October 2020, when the President of Serbia used his Instagram profile to announce the final showdown between the state and organised crime. Set forth after a series of unsolved murders that had taken place on the streets of Serbian cities – characterised by experts mostly as mafia-style terminations – it initially looked like a marketing move that preceded the constitution of a new Government. Such understanding was supported by the fact that this was not the first time that government officials declared war on organised criminal groups. Former Minister of the Interior [MoI] declared a similar war almost four years earlier, under similar circumstances. One hero particularly stood out in this war. It was the lie detector, the omnipotent polygraph, used extensively in the previous months as the supreme arbiter of truth. Instead of lengthy court proceedings, complex investigations and obtaining evidence acceptable to the court, the polygraph was used by the highest state officials as a simple tool to directly prove to the citizens whether someone was telling the truth or lying, and to unmistakably determine guilt or innocence. Trials were replaced by media performances involving debates on who passed the lie detector test and who refused to take it, while politicians kept offering to be subjected to it or calling each other out for not doing the same thing, all in the name of the alleged fight against organised crime.
Topic:
Media, Rule of Law, Police, Judiciary, and Organized Crime
Political Geography:
Europe and Serbia

18. The Crime-Politics Nexus Entrapping The Balkans

Author:
Bojan Elek and Giorgio Fruscione
Publication Date:
10-2021
Content Type:
Commentary and Analysis
Institution:
Belgrade Centre for Security Policy
Abstract:
We are presenting you the Dossier on organized crime in the Balkans, produced in cooperation between the Italian Institute for International Political Studies (ISPI) and Belgrade Centre for Security Policy. In some of the countries of the Western Balkans, criminal groups and political elites have grown increasingly interdependent. In particular, Serbia’s and Montenegro’s societies have suffered the most from these links. The two countries have long been considered frontrunners in the EU integration process, whose final completion, however, is difficult to foresee. Similarly, Albania’s EU negotiating process has also been delayed for years, in part because of the country’s role in global drug trafficking schemes. The crime-politics nexus is contributing to the erosion of the rule of law in several Balkan countries, where the risk – or reality – of state capture is increasingly worrisome. In light of recent events, Serbia appears to be the most concerning case as its authoritarian drift currently seems hard to reverse. Which consequences does the situation in Serbia have on other Balkan countries? What impact does state capture have on regional stability? And what is changing for the region’s integration prospects with the EU?
Topic:
Security, Crime, Rule of Law, Organized Crime, and State Capture
Political Geography:
Europe and Serbia

19. What Rule of Law for the European Union? – Tracing the Approaches of the EU Institutions

Author:
Justyna Maliszewska-Nienartowicz and Marcin Kleinowski
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
Although the rule of law is a normative notion, it requires a multidimensional approach. It speaks to important issues of law and politics, and its respect is essential for both legal and social security. It can be observed within the European Union (EU) where the issue of respect for the rule of law by its Member States has gained particular importance. The main goal of our study is to contribute to the academic discourse concerning the EU rule of law. The analysis particularly considers the approaches adopted by the EU institutions to the definition of this concept. Consequently, the first part of the article concentrates on difficulties in defining the rule of law. The second part presents the evolution of the Court of Justice approach toward this concept. The next part contains the analysis of the attitudes presented by other EU institutions in their documents. In the conclusions, it is underlined that although the approaches of the EU institutions towards the rule of have evolved, and they have tried to define it and indicate its main components, certain issues require clarification, e.g., the relations of the rule of law with other values.
Topic:
International Cooperation, European Union, Rule of Law, and Institutions
Political Geography:
Europe

20. The rule of law in Poland or the false argument about the primacy of European law

Author:
Eric Maurice, Emilie Malivert, and Ana Pasturel
Publication Date:
11-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
On 24 November, the Polish Constitutional Tribunal ruled that the European Convention on Human Rights was partially incompatible with the country's constitution. In July and October, it had issued similar rulings on the Treaty on European Union (TEU). This double decision comes as the European Commission suspended the approval of Poland's €36 billion recovery plan, including €23.9 billion in EU grants, due to concerns about the rule of law. On 19 November, the Commission also sent a letter to the Polish government as a prelude to the launch of a procedure that could lead to the suspension of EU funds under the budgetary conditionality regulation. The confrontation between the Polish government and the European institutions, primarily the Commission and the European Court of Justice, has been presented by the Polish government as a struggle of principle between the primacy of European law, which was allegedly being imposed excessively on Member States, with "the national legal order and the supreme force of the Constitution” being under threat. The Polish Prime Minister, Mateusz Morawiecki, explained that the implementation of EU law, as requested by the CJEU, would lead to "a fundamental lowering of the constitutional standards of judicial protection of Polish citizens, and unimaginable legal chaos". Beyond the grandstanding and responses in support of an effort to defend the sovereignty of peoples, it appears that the weakening of these constitutional norms in recent years in Poland is precisely what has led the Constitutional Tribunal to partly denounce the TEU (European Union) and the European Convention on Human Rights (Council of Europe), and that the quarrel over the primacy of European law is essentially a smokescreen to hide this situation.
Topic:
Human Rights, Sovereignty, Constitution, Rule of Law, Institutions, and Norms
Political Geography:
Europe and Poland