CHANGING the Constitution on the Way to the European Union
CHANGING the Constitution on the Way to the European Union

Author(s): Vladimir Međak, Tara Tepavac, Milan Antonijević, Jelena Jerinić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Approach / EU-Accession / EU-Development, EU-Legislation
Published by: Evropski Pokret u Srbiji
Summary/Abstract: Our comparative analysis has led us to conclude that there are two types of amendments candidate states have made in the accession process. The first arises from the very legal order of the European Union as an organisation, and the second from the specific features of the constitutional order of the state at issue. The first type of amendments is universal to all candidate states, while the second varies from one state to another. As far as the second type of amendments is concerned, the Republic of Serbia will not have to change some provisions other states had to, but it will have to address its specific features not in compliance with EU standards; furthermore, it ought to make specific amendments to respond better to the EU accession requirements. We concluded that several amendments to the Constitution of the Republic of Serbia need to be made and that they do not have to be made at the same time. Notably, the Constitution will have to be amended twice, the first time pursuant to the Chapter 23 Action Plan (these amendments are to be made by end 2017) and the second time before it joins the EU, i.e. after it signs the Treaty of Accession.

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