EU enlargement has always been a political process. That said, the rule of law is an important aspect and principle of the EU enlargement policy. Implementation of EU driven reforms in candidate countries largely depends on the rule of law-based enlargement as well as on a clear EU perspective. Overpoliticisation of the enlargement process renders the EU’s enlargement law futile and undermines both the transformative effect of the pre-accession process and EU’s own values. The implementation of the enlargement condition for settlement of bilateral disputes, which became pronounced in the EU enlargement towards the Western Balkan countries, is having the negative effect of contributing to deterioration rather than promotion of the rule of law in both EU candidate countries and the EU’s enlargement process. Lack of predictability and rule of law accordingly, makes the effective application of the principle of conditionality impossible. A genuine reconsideration of the condition for settlement of bilateral disputes within the EU enlargement framework, clear EU perspective and viable way forward are urgently needed for bringing rule of law and the EU’s credibility on track.
This paper showcases the weaknesses of eu enlargement law and demonstrates how one Member State – namely, Greece – is notable for abusing this weakness, for harming the candidate countries, the eu, and the institutions alike, for stripping the eu position of its predictability, and for undermining the eu Commission’s efforts. Accordingly, Greece has severely incapacitated the key procedural rule of law component of the eu’s enlargement regulation, turning it into a randomised political game and ignoring any long-term goals of stability, prosperity, and peace that the process is to stand for. Following a walk through Greece’s engagement throughout a number of enlargement rounds, the paper concludes that the duty of loyalty – which is presumably able to discipline Member States that undermine the common effort – should find a new meaning in the context of eu enlargement.
Nutzungsbedingungen:Dieser Text wird unter einer Deposit-Lizenz (Keine Weiterverbreitung -keine Bearbeitung) Mittelmeerraum, internationale Migration, Migrationspolitik, Demographie, menschliche Entwicklung AbstractInternational migration in the Mediterranean has changed dramatically since the 1990s. It has increased significantly, become far more hetero geneous and the former countries of emigration of Southern Europe have become preferred destinations of immigration flows themselves. With the increase in the number of asylum seekers, refugees and undocumented migrants since the 1990s, these migratory movements are increas ingly perceived as a threat by many Europeans. Many EU countries have responded by tightening their immigration and residence laws, while others consider immigration into the labour market generally positively and have repeatedly regularised undocumented immigration flows. At the same time, the expansion of the EU and the related regulations on freedom of residence for EU citizens has created an internal migra tion space within the EU. Referred to in the media as "Fortress Europe", this is separated from the neighbouring nonEU countries and has a southern border that cuts through the Mediterranean region. While the EU is striving to regulate migration selectively, its southern neighbours are interested in using migration to boost their own development. One of the goals of the Euro-Mediterranean Partnership, which is currently focusing on migration issues, is to unite these opposing interests for the benefit of all concerned.This article describes changes in the migration flows affecting the Mediterranean region, presents an overview of the foreign 3 population in the Mediterranean countries based on selected examples and puts current migration trends into the context of regional development differences and divergent demographic developments in the region. It also analyses the different goals of the Mediterranean neighbouring countries' cur rent migration policies in the context of the recent international discussion on the results of the Global Commission on International Migration and the Global Forum on Migration and Development regarding the relationship between international migration and development as well as migration management through transnational cooperation. Further, the paper relates these policies to possible future trends in international migration in the Mediterranean region. Mediterranean, international migration, migration policy, demography, human development1 The views and opinions expressed in this paper are those of the author and do not necessarily represent those of the United Nations.2 Abhängig von den verfügbaren statistischen Quellen wird der Begriff der nicht-einheimischen (foreign) Bevölkerung definiert als im Ausland geborene Personen oder Personen ohne innländische Staatsbürgerschaft.
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