Papers by Milena Apostolovska
Iustinianus Primus Law Review, Mar 1, 2013
dimension, the community's interest in increasing the careers offered by the program, also expres... more dimension, the community's interest in increasing the careers offered by the program, also expresses the need for the community to be informed about the projects developed inside the University.
EU and Comparative Law Issues and Challenges Series
The principle of mutual trust, whose fundamental importance is recognized by the CJEU, is not men... more The principle of mutual trust, whose fundamental importance is recognized by the CJEU, is not mentioned in the Treaties, but nonetheless, it plays an essential role for the EU integration process and has become a structural principle of the EU law. In addition to its role as a basis for a large set of EU rules in the areas such as the internal market and the area of freedom, security and justice, this principle is also closely related to the EU founding values including the rule of law. Having in mind that is not a “blind trust” but an assumption, it is applied through ensuring compliance with the Union law for which both the Member States and the European Commission share responsibility, inter alia, by means of the infringement procedure. Under Article 259 TFEU, Member States are also entitled to bring a direct action against another Member State for an alleged infringement of an obligation under the Treaties. However, it is extremely rare for a Member State to take action upon the...
The judicial contribution to the dynamic process of European Integration was especially important... more The judicial contribution to the dynamic process of European Integration was especially important, as the Court of Justice of the EU, through its creative and extensive interpretation of the Treaties, became an important catalyst for the integration process. The next phase of the European integration seems to be the ‘integration through the rule of law’, as the further development of this process must be based on a secure and solid ground, reaffirming the Union as a community of values. Given its importance for the confidence of citizens in the Union and the effective delivery of policies, the rule of law is of central relevance to the future of Europe. The main aim of this paper is to examine the progressive and influential role of the CJEU regarding the integration process, as a starting premise for determining its potential as an actor in the process of overcoming the following challenges.
Regional Law Review, 2020
The doctrine of supremacy is essential to the uniformity of the EU legal edifice. It had no forma... more The doctrine of supremacy is essential to the uniformity of the EU legal edifice. It had no formal basis in the Treaty Law but was developed by the Court of Justice of the EU by means of its conception of the "new legal order" (Costa v ENEL). Therefore, the corollary of sovereignty of the EU legal order is the supremacy of EU law: any norm of EU law takes precedence over any provision of national law. From the CJEU's perspective, supremacy entails duty for the national courts to 'set aside' any conflicting national norm when an EU rule applies in a given case. Ultimately, the acceptance and application of the supremacy of EU law are dependent on the Member States. Despite its invention, acceptance of the doctrine of supremacy has been the main challenge within the overall integration process. Recent ruling from the German Constitutional Court (the Bundesverfassungsgericht) on the legality of the European Central Bank's Programme marked that the supremacy issue cannot be put 'ad acta' and still continues to be surrounded with ambiguity and controversy against its unconditional acceptance as the CJEU requires. This paper summarizes the most remarkable aspects of the foundations of the supremacy doctrine and the conceptual basis on which the Member States accord supremacy to EU law, as well as its scope and limits. All this is necessary in order to be able to determine the perspectives for ensuring the supremacy of EU law, while highlighting its importance for the future of the European integration.
Eastern Journal of European Studies, Volume 11, Issue 2 (indexed by: CEEOL | DOAJ | EBSCO | Google Academic | ProQuest | RePEc | SCOPUS | Web of Science - ESCI), 2020
The judicial contribution to the dynamic process of European Integration was especially important... more The judicial contribution to the dynamic process of European Integration was especially important, as the Court of Justice of the EU, through its creative and extensive interpretation of the Treaties, became an important catalyst for the integration process. The next phase of the European integration seems to be the 'integration through the rule of law', as the further development of this process must be based on a secure and solid ground, reaffirming the Union as a community of values. Given its importance for the confidence of citizens in the Union and the effective delivery of policies, the rule of law is of central relevance to the future of Europe. The main aim of this paper is to examine the progressive and influential role of the CJEU regarding the integration process, as a starting premise for determining its potential as an actor in the process of overcoming the following challenges.
Regional Law Review, 2020
The doctrine of supremacy is essential to the uniformity of the EU legal edifice. It had no forma... more The doctrine of supremacy is essential to the uniformity of the EU legal edifice. It had no formal basis in the Treaty Law but was developed by the Court of Justice of the EU by means of its conception of the "new legal order" (Costa v ENEL). Therefore, the corollary of sovereignty of the EU legal order is the supremacy of EU law: any norm of EU law takes precedence over any provision of national law. From the CJEU's perspective, supremacy entails duty for the national courts to 'set aside' any conflicting national norm when an EU rule applies in a given case. Ultimately, the acceptance and application of the supremacy of EU law are dependent on the Member States. Despite its invention, acceptance of the doctrine of supremacy has been the main challenge within the overall integration process. Recent ruling from the German Constitutional Court (the Bundesverfassungsgericht) on the legality of the European Central Bank's Programme marked that the supremacy issue cannot be put 'ad acta' and still continues to be surrounded with ambiguity and controversy against its unconditional acceptance as the CJEU requires. This paper summarizes the most remarkable aspects of the foundations of the supremacy doctrine and the conceptual basis on which the Member States accord supremacy to EU law, as well as its scope and limits. All this is necessary in order to be able to determine the perspectives for ensuring the supremacy of EU law, while highlighting its importance for the future of the European integration.
POLITICAL THOUGHT, 2020
The paper at hand analyses the introduction of the rule of law into the enlargement process as a ... more The paper at hand analyses the introduction of the rule of law into the enlargement process as a result of fostering the conditionality policy for European Union membership as it has been the case in the relations with the Western Balkan states. We also address the concept of “Europeanisation” of candidate states and look at the growing volume
and complexity of the acquis communautaire. In this context, we elaborate on the new approach to the enlargement process and the role of Chapters 23 and 24, with a special focus on the latest commitment to reforming the enlargement process by further fostering the importance of the rule of law as a fundamental value of the European Union, in its internal as well as external relations.
The authors of the article claim that the European identity can be build and that the European in... more The authors of the article claim that the European identity can be build and that the European institutions have very important role in this process. Namely, the European institutions affect the European identity when they are developing politics working regarding their competencies. The theoretical frame and the main hypothesis of this article is given by the theory of social constructivism whose developer Thomas Risse says that the European political identity can be create and changed and that the politics brought by the institutions are one of the mechanisms for that purpose. In that direction the authors of this article say that the European citizenship that was introduced with the Treaty of Maastricht is one of the attempts of the institutions of the European Union to crate feeling of belonging to the supranational organization to the citizens of the member states. In order to proof its claim the authors of the article make short analyze of the development of the rights that were introduced with the Treaty of Maastricht and compare how they evolve in every other next Treaty. Furthermore the authors make preview of the most important decisions, regulations, directives, reports, declarations and proposals that were brought by the European Parliament, the European Commission, the Council and the European Council regarding the rights and obligations that the European citizens obtain with the European citizenship and in that manner influence on the creating the European identity. Outline:
This paper aims to analyze whether the European identity can be equated with the national identit... more This paper aims to analyze whether the European identity can be equated with the national identity. The authors make an attempt to define the European identity through the markers of national identity given by the famous theorist and researcher of national identity Anthony Smith. The first part of the paper is about the theory of the national identity from Anthony Smith while in the second part of the paper the most relevant authors and theorists in the field of European identity are processed. At the end of the paper are presented the conclusions of the authors: that the European identity can`t be theorized with the national identity definitions and also that the existence of national identity is not an obstacle for the formation of the European supranational identity.
The research is based on the decisions brought by the Court of Justice of the European Union rega... more The research is based on the decisions brought by the Court of Justice of the European Union regarding the rights that derive from the European citizenship. The author of the research state that the Court of Justice of the European Union is an institution that always when making decisions that attracts the European citizens consider those to be in favor of creating the sense of belonging to the European Union. In order to proof this thesis, the researcher first make a short retrospective analyze of the most important decisions regarding the right of free movement, right that preceded to the rights that derive from the European citizenship. In the second part of the research are the decisions brought by the Court after entering into force of the Maastricht Agreement and implementing the right of European citizenship. It is necessary to say that for the first time in 1998, the Court adopted a decision to abide by the provisions on citizenship of the Union in the case of Martinez Sala v. Freistaat Bayern. With this and other cases that are subject of the research the researcher want to proof that the Court of Justice of the European Union is on the right track in terms of its policy by granting equal social rights for all European citizens to achieve a sense of belonging, and this is confirmed with the latest Eurobarometer poll, when on the question: ``what do you think will contribute to your sense of European citizenship?``, a high 37% of respondents in the first place put the introduction of a single European harmonized among the member States welfare system.
key words: European Court of Justice, European Identity, European Citizenship,
Freedom of expression is a cornerstone of democratic rights and freedoms. It is a conditio sine q... more Freedom of expression is a cornerstone of democratic rights and freedoms. It is a conditio sine qua non for development of democratic society where everyone has the right to participate effectively in the process of opinion-making and decision making procedures.
Freedom of expression is a cornerstone of democratic rights and freedoms. It is a conditio sine q... more Freedom of expression is a cornerstone of democratic rights and freedoms. It is a conditio sine qua non for development of democratic society where everyone has the right to participate effectively in the process of opinion-making and decision making procedures.
Iustinianus Primus Law Review, Mar 2013
The paper focuses on the state of the democratic deficit in the
European Union after the institu... more The paper focuses on the state of the democratic deficit in the
European Union after the institutional reforms introduced by the
Lisbon Treaty. The key issue this article examines is whether the
process of democratization and the reforms provided by the Lisbon
Treaty have responded to the democratic demands of the citizens and
if this process has created Union that is more efficient and closer to
the citizens.
The democratic deficit has been identified in a number of
ways, but the concept that is the most widely accepted is the standard
version of the democratic deficit. According to this concept, the main
problem of the EU is the fact that there is a shift of political control
from the democratic parliamentary systems of government at national
level to the executive-centred systems of government at the European
level.
The paper addresses two main issues. Firstly, it refers to the
elements of the standard version of the democratic deficit and answers
the question whether they have been properly addressed and solved by
the Lisbon Treaty. Secondly, it examines the issue of European
identity, as a source of legitimization of a political community.
Among the citizens, there is a persistent absence of awareness of or
identification with the European Union as a political community. The
supporters of the European integration saw the European identity as
the crucial factor for the development of the EU’s successful
supranational character, but this political goal did not have the
expected success.
Годишник на Правниот факултет ,,Јустинијан Први“Скопје по повод 35 години од основањето на студиите по новинарство, 2012
The author of the text makes an analyze of the Law on Free Access to Public Information, which wa... more The author of the text makes an analyze of the Law on Free Access to Public Information, which was first enacted in 2006. Undoubtedly there is a connection between the Law on free access to information and the right to free expression. So here are the processed part of the strengths and weaknesses of the above mentioned Law. The author offers some solutions that are considered practical and will contribute to improve the Law and will be of benefit to those who are most affected by its functioning in practice –the journalists.
Key words: Law on Free Access to Public Information, Freedom of expression.
Зборник во чест на проф.д-р Тодор Пеливанов, Правен факултет ,, Јустинијан Први“Скопје,2012., Nov 5, 2012
Предметниот труд има за цел да изврши анализа на европските институции согласно со најновите из... more Предметниот труд има за цел да изврши анализа на европските институции согласно со најновите измени кои на институционален план ги воведе Договорот од Лисабон. Потребата од ваква анализа на европските институции и нивните надлежности е логична како од аспект за подобро разбирање на институциите така и од аспект на барање одговори за предизвиците со кои тие се соочуваат денес.
Во овој труд се презентирани податоците кои произлегоа од нормативната и компаративната анализа на европските институции согласно Договорот од Лисабон и претходните договори со кои беа уредени институциите во Унијата. Преку користењето на дескриптивниот и компаративниот метод, анализата на институциите е во најголем дел фокусирана на степенот на промена на нивните надлежности по стапувањето во сила на Лисабонскиот Договор. Така, на пример, најголемите придобивки со Лисабонскииот Договор се однесуваат на меѓународното претставување на Унијата. До таков заклучок се доаѓа ако се анализира правното регулирање на двете нови институции предвидени со Лисабонскиот договор: Претседателот на Европскиот совет и Високиот претставник на Унијата за надворешни работи и безбедносна политика. Целта на создавањето на овие две институции е да се овозможи единствено претставување на Унијата во меѓународните односи, функција која во минатото била извршувана од страна на земјата претседавач со Европскиот совет. Но она што со сигурност може да се заклучи е дека институционалниот шема на Унијата не еднаш засекогаш дадена и развој на ЕУ не запира со Лисабонскиот Договор, туку и натаму продолжува со динамично темпо кое ќе соодејствува со останатите општествени, економски и политички промени кои ќе се случуваат во Унијата.
The paper focuses on the current state of the democratic deficit in the European Union after the ... more The paper focuses on the current state of the democratic deficit in the European Union after the institutional reforms that have been introduced by the Lisbon Treaty. The key issue that is examined is whether the process of democratization and the reforms provided by the Lisbon Treaty have responded to the democratic demands of the citizens and if this process has created more efficient and closer Union to the citizens.
Talks by Milena Apostolovska
Dear Colleagues,
The International Academic Institute (IAI) has the pleasure to invite you to... more Dear Colleagues,
The International Academic Institute (IAI) has the pleasure to invite you to take part in our
Education & Social Sciences Conference and
Business & Economics Conference
The Conferences will take place 26-27 June 2018 in Rome, Italy at Hotel Quirinale, Via Nazionale, 7 00184.
We kindly ask you to submit your abstracts by 10 June 2018 and receive an early bird discount for participation.
The IAI Conferences provide a platform for academics, researchers, and Ph.D. students to contribute with their papers on variety of topics and promote excellence in academic research. More information about our conferences can be found at our web page www.ia-institute.com
The International Academic Institute (IAI) is estabilshed by a group of university professors, supporters of academic work in order to provide pragmatic approach to social problems from different areas.
Please feel free to forward this e-mail to your colleagues and PhD students.
--
International Academic Institute
https://www.ia-institute.com
[email protected]
[email protected]
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Papers by Milena Apostolovska
and complexity of the acquis communautaire. In this context, we elaborate on the new approach to the enlargement process and the role of Chapters 23 and 24, with a special focus on the latest commitment to reforming the enlargement process by further fostering the importance of the rule of law as a fundamental value of the European Union, in its internal as well as external relations.
key words: European Court of Justice, European Identity, European Citizenship,
European Union after the institutional reforms introduced by the
Lisbon Treaty. The key issue this article examines is whether the
process of democratization and the reforms provided by the Lisbon
Treaty have responded to the democratic demands of the citizens and
if this process has created Union that is more efficient and closer to
the citizens.
The democratic deficit has been identified in a number of
ways, but the concept that is the most widely accepted is the standard
version of the democratic deficit. According to this concept, the main
problem of the EU is the fact that there is a shift of political control
from the democratic parliamentary systems of government at national
level to the executive-centred systems of government at the European
level.
The paper addresses two main issues. Firstly, it refers to the
elements of the standard version of the democratic deficit and answers
the question whether they have been properly addressed and solved by
the Lisbon Treaty. Secondly, it examines the issue of European
identity, as a source of legitimization of a political community.
Among the citizens, there is a persistent absence of awareness of or
identification with the European Union as a political community. The
supporters of the European integration saw the European identity as
the crucial factor for the development of the EU’s successful
supranational character, but this political goal did not have the
expected success.
Key words: Law on Free Access to Public Information, Freedom of expression.
Во овој труд се презентирани податоците кои произлегоа од нормативната и компаративната анализа на европските институции согласно Договорот од Лисабон и претходните договори со кои беа уредени институциите во Унијата. Преку користењето на дескриптивниот и компаративниот метод, анализата на институциите е во најголем дел фокусирана на степенот на промена на нивните надлежности по стапувањето во сила на Лисабонскиот Договор. Така, на пример, најголемите придобивки со Лисабонскииот Договор се однесуваат на меѓународното претставување на Унијата. До таков заклучок се доаѓа ако се анализира правното регулирање на двете нови институции предвидени со Лисабонскиот договор: Претседателот на Европскиот совет и Високиот претставник на Унијата за надворешни работи и безбедносна политика. Целта на создавањето на овие две институции е да се овозможи единствено претставување на Унијата во меѓународните односи, функција која во минатото била извршувана од страна на земјата претседавач со Европскиот совет. Но она што со сигурност може да се заклучи е дека институционалниот шема на Унијата не еднаш засекогаш дадена и развој на ЕУ не запира со Лисабонскиот Договор, туку и натаму продолжува со динамично темпо кое ќе соодејствува со останатите општествени, економски и политички промени кои ќе се случуваат во Унијата.
Talks by Milena Apostolovska
The International Academic Institute (IAI) has the pleasure to invite you to take part in our
Education & Social Sciences Conference and
Business & Economics Conference
The Conferences will take place 26-27 June 2018 in Rome, Italy at Hotel Quirinale, Via Nazionale, 7 00184.
We kindly ask you to submit your abstracts by 10 June 2018 and receive an early bird discount for participation.
The IAI Conferences provide a platform for academics, researchers, and Ph.D. students to contribute with their papers on variety of topics and promote excellence in academic research. More information about our conferences can be found at our web page www.ia-institute.com
The International Academic Institute (IAI) is estabilshed by a group of university professors, supporters of academic work in order to provide pragmatic approach to social problems from different areas.
Please feel free to forward this e-mail to your colleagues and PhD students.
--
International Academic Institute
https://www.ia-institute.com
[email protected]
[email protected]
and complexity of the acquis communautaire. In this context, we elaborate on the new approach to the enlargement process and the role of Chapters 23 and 24, with a special focus on the latest commitment to reforming the enlargement process by further fostering the importance of the rule of law as a fundamental value of the European Union, in its internal as well as external relations.
key words: European Court of Justice, European Identity, European Citizenship,
European Union after the institutional reforms introduced by the
Lisbon Treaty. The key issue this article examines is whether the
process of democratization and the reforms provided by the Lisbon
Treaty have responded to the democratic demands of the citizens and
if this process has created Union that is more efficient and closer to
the citizens.
The democratic deficit has been identified in a number of
ways, but the concept that is the most widely accepted is the standard
version of the democratic deficit. According to this concept, the main
problem of the EU is the fact that there is a shift of political control
from the democratic parliamentary systems of government at national
level to the executive-centred systems of government at the European
level.
The paper addresses two main issues. Firstly, it refers to the
elements of the standard version of the democratic deficit and answers
the question whether they have been properly addressed and solved by
the Lisbon Treaty. Secondly, it examines the issue of European
identity, as a source of legitimization of a political community.
Among the citizens, there is a persistent absence of awareness of or
identification with the European Union as a political community. The
supporters of the European integration saw the European identity as
the crucial factor for the development of the EU’s successful
supranational character, but this political goal did not have the
expected success.
Key words: Law on Free Access to Public Information, Freedom of expression.
Во овој труд се презентирани податоците кои произлегоа од нормативната и компаративната анализа на европските институции согласно Договорот од Лисабон и претходните договори со кои беа уредени институциите во Унијата. Преку користењето на дескриптивниот и компаративниот метод, анализата на институциите е во најголем дел фокусирана на степенот на промена на нивните надлежности по стапувањето во сила на Лисабонскиот Договор. Така, на пример, најголемите придобивки со Лисабонскииот Договор се однесуваат на меѓународното претставување на Унијата. До таков заклучок се доаѓа ако се анализира правното регулирање на двете нови институции предвидени со Лисабонскиот договор: Претседателот на Европскиот совет и Високиот претставник на Унијата за надворешни работи и безбедносна политика. Целта на создавањето на овие две институции е да се овозможи единствено претставување на Унијата во меѓународните односи, функција која во минатото била извршувана од страна на земјата претседавач со Европскиот совет. Но она што со сигурност може да се заклучи е дека институционалниот шема на Унијата не еднаш засекогаш дадена и развој на ЕУ не запира со Лисабонскиот Договор, туку и натаму продолжува со динамично темпо кое ќе соодејствува со останатите општествени, економски и политички промени кои ќе се случуваат во Унијата.
The International Academic Institute (IAI) has the pleasure to invite you to take part in our
Education & Social Sciences Conference and
Business & Economics Conference
The Conferences will take place 26-27 June 2018 in Rome, Italy at Hotel Quirinale, Via Nazionale, 7 00184.
We kindly ask you to submit your abstracts by 10 June 2018 and receive an early bird discount for participation.
The IAI Conferences provide a platform for academics, researchers, and Ph.D. students to contribute with their papers on variety of topics and promote excellence in academic research. More information about our conferences can be found at our web page www.ia-institute.com
The International Academic Institute (IAI) is estabilshed by a group of university professors, supporters of academic work in order to provide pragmatic approach to social problems from different areas.
Please feel free to forward this e-mail to your colleagues and PhD students.
--
International Academic Institute
https://www.ia-institute.com
[email protected]
[email protected]