Main Constitutional Obstacles to the Membership of Serbia in the European Union Cover Image

Main Constitutional Obstacles to the Membership of Serbia in the European Union
Main Constitutional Obstacles to the Membership of Serbia in the European Union

Author(s): Vladimir Džamić, Žaklina Spalević
Subject(s): Constitutional Law, EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Универзитет у Нишу
Keywords: constitution; constitutional revision; accession to the European Union; political system of Serbia

Summary/Abstract: In this paper, the authors deal with the analysis of the essential obstacles to the accession of Serbia to the European Union and to the successful finalization of the accession negotiations, in terms of the existing constitutional and legal framework. Unlike other studies in this field, the authors analyse the formal and material obstacles that relate not solely to the technical amendments to the Constitution, such as inserting the integrative clause or adopting the European Union Law, but to the changes that they consider essential, such as the redefining of the political system and, consequently, the successful finalization of the democratic consolidation process in Serbia. The authors analyse the relation between the constitutional revision and the negotiation Chapter 35, which deals with the negotiations between Belgrade and Priština within the Brussels Agreement. In a separate chapter, the authors analyse the specific possibilities for the improvement of the political system in Serbia, through the strengthening of the free parliamentary mandate and the strengthening of the parliamentary system, but also through the change in the manner of electing judges and prosecutors, as well as through the strengthening of the independence of the judicial authority.

  • Issue Year: XLI/2017
  • Issue No: 4
  • Page Range: 935-947
  • Page Count: 13
  • Language: English