17 January 2022
Paper Constitutionalism
On January 16, Serbian citizens voted in a referendum on constitutional changes concerning the guarantees of the judicial independence and organization of the judicial sector. According to preliminary results, 57, 4% of citizens voted for the reforms, while 41,6% voted against, with a turnout of not more than 30% of all registered voters. I would argue that constitutional amendments concerning the judiciary should have been postponed for two reasons. Continue reading >>
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17 May 2021
Fast-tracking Scotland’s re-entry to the EU
As the dust settles with a pro-independence - though not an SNP - majority in the Scottish Parliament after the May 2021 elections, it is worth considering what an independent Scotland’s (accelerated) path back to the EU could look like. Increasing the speed at which an independent Scotland could rejoin the EU is primarily an issue of political will and domestic preparation. Continue reading >>26 August 2020
A Momentum of Opportunity for Belarus and a Cautionary Tale from North Macedonia
Belarus has an unprecedented chance to re-invent itself as a new democracy. Only three years ago, in 2017, North Macedonia was in a similar position, transitioning from a 10-yearlong dictatorship of Nikola Gruevski. Some of the mistakes that were made in this process can be avoided in the case of Belarus. Continue reading >>07 June 2018
Bumps on the Roadmap towards the Republic of Northern Macedonia?
Greece and the Republic of Macedonia are one step closer to re-naming R. Macedonia into the “Republic of Northern Macedonia” or “Republic of Upper Macedonia”. On 28 May 2018, the Foreign Ministers of both countries have announced significant progress towards the bilateral treaty regarding the name issue. At the same time, a road map for the name change of the Republic of Macedonia was announced that includes a binding referendum by the Macedonian people. But what happens if the treaty is already signed and binding, and the people of Macedonia vote against the name change in the referendum? Continue reading >>24 April 2018
The Draft Amendments to the Serbian Constitution: Populism before Judicial Independence
Serbia is currently abuzz with draft constitutional amendments that should enhance judicial independence and move the country one step closer to EU accession. On 12 April 2018, the Serbian Government adopted the draft amendments and sent them to the Venice Commission. However, while at present the political influence on the judiciary comes from the political institutions, in the future this influence will come from the ruling majority. Continue reading >>
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21 December 2017
What’s in a Name? The Republic of Macedonia at the Crossroads
Forming of the new Government on 31st of May 2017 marked the beginning of the end of one of the most serious political crisis that Republic of Macedonia has lived through from its independence. The country was faced with challenges both on the domestic front – the dissolution of the democratic institutions and backsliding to authoritarianism, and on the international front as well – worsening of the relations with its neighbors. One of the first steps taken by the new government was to renew the ties with its Southern neighbor – Greece and to continue the talks over the name issue. After a period of three years, the representatives from both countries started negotiating again in order to resolve the name dispute and the security implications of this prolonged dispute on the Balkan region. But by all means the renewal of the negotiations is only just a beginning of the lengthy path of rebuilding the trust and solving the issue that has been a huge burden especially to the R. Macedonia’s integration in EU and NATO. Continue reading >>28 January 2016
“2004 EU Accession” as a Founding Moment? Of lost opportunities, alienating constitutionalism and vigilant courts
Much as the liberal elites in Poland are appalled by the ruthlessness of the attack on the Constitutional Court and the Polish rule of law, they are the ones to be blamed for the civic passivity that continues to define post-transition societies in general. The truly reformative potential of 1989, and then 2004, was lost when elites neglected the importance of connecting with the “real” people beyond the magic of the big-bang moments of 1989 and 2004. This "alienating constitutionalism" is one of the dark sides of 2004 Founding Moment, one that nobody really saw coming at the time of the EU Accession. Should the citizenry start embracing and defending the Court as "my own", the truly powerful legacy of the 2004 Founding Moment would be discovered. Continue reading >>
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