The EU Rule of Law Initiative Towards the Western Balkans

Hoxhaj, Andi

doi:10.1007/s40803-020-00148-w

Cited by 13 publications

(2 citation statements)

References 47 publications

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“…The Joint Chamber just cited and stipulated the object of this regulation as a persuasive source to support the decision. 21 In another case, the Judgment of 23 March 2016 concerning the dissolution of marriage and the consequences upon the children, the Civil Chamber of the High Court argued that the recourse of the plaintiff is contrary to the EU Law. In elaborating this position, the Civil Chamber of the High Court firstly provided a general overview of the SAA signed between EU and EU MS on one hand and Albania on the other hand.…”

Section: Application Of the Eu Law By The High Court In Pre-accession Periodmentioning

confidence: 99%

Enforcement of the European Union Law Before the Albanian Constitutional Court and the High Court

Skara

Hajdini

2021

JLIA

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With the entry into force of the Interim Agreement in 2005 between the EU and Albania, Albanian judges had the obligation to partly apply several provisions of the agreement (the EU law) even in the pre-accession stage. This position was reinforced in 2009, with the ratification of the Stabilisation and Association Agreement, which laid down the obligation of the Albanian government to approximate its existing and future legislation in line with EU acquis and ensure proper implementation. Consequently, as of 2009, Albanian courts had to apply the EU law. The application of the EU law by Albanian courts entails the duty of judges with a twofold task: firstly, to construe their arguments in line with EU law or as close as possible, and secondly, to set aside the domestic law which is found to be incompatible with the EU law. This paper outlines some Albanian courts' decisions concerning applying the EU Law before accession to the European Union. The paper argues that Albanian judges have adopted a "Euro-friendly" approach by referring to the EU Law and SAA agreement even in the pre-accession period. Nevertheless, looking closely at court decisions, the EU law is applied as a persuasive source of law to support the court"s decision and not to explain the importance of relying on EU law or CJEU case law.

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Section: Application Of the Eu Law By The High Court In Pre-accession Periodmentioning

confidence: 99%

Enforcement of the European Union Law Before the Albanian Constitutional Court and the High Court

Skara

Hajdini

2021

JLIA

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“…These evaluative improvements must come before any major changes, such as the new accession framework, are deployed in the Western Balkans (Hoxhaj 2021).…”

Section: A New Eu Approach For the Western Balkans After Covid-19mentioning

confidence: 99%

The Impact of covid-19 Measures on the Rule of Law in the Western Balkans and the Increase of Authoritarianism

Hoxhaj

Zhilla

2021

Eur. J. Comp. Law Gov.

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This article offers a comparative analysis of the covid-19 legal measures and model of governance adopted in the Western Balkans countries (Albania, Bosnia and Herzegovina, North Macedonia, Montenegro, Serbia and Kosovo) and its impact on the state of the rule of law, and ability of parliament and civil society to scrutinise government decisions. The article assesses the governments’ approaches to introducing and enforcing covid-19 legal measures, and shows examples of how covid-19 has exposed more openly the weaknesses in the existing system of checks and balances in the Western Balkans. The article offers new insights into how covid-19 presented a new opportunity for leaders in the Western Balkans to implement further their authoritarian model of governance in undermining the rule of law. This article offers suggestions on how the EU could respond, through its accession conditionality instruments and civil society, to redirect this trend towards more state capture.

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EU Enlargement and Anti-corruption Standards: From Candidacy to Accession

Bazerkoska

2023

Studies in Systems, Decision and Control

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The EU Rule of Law Initiative Towards the Western Balkans

Cited by 13 publications

References 47 publications

Enforcement of the European Union Law Before the Albanian Constitutional Court and the High Court

Enforcement of the European Union Law Before the Albanian Constitutional Court and the High Court

The Impact of covid-19 Measures on the Rule of Law in the Western Balkans and the Increase of Authoritarianism

EU Enlargement and Anti-corruption Standards: From Candidacy to Accession

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