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Series:Analitika - Working Paper

Result 21-23 of 23
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The Transformative Role of the Constitutional Court of the Republic of Croatia: From the ex-Yu to the EU
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The Transformative Role of the Constitutional Court of the Republic of Croatia: From the ex-Yu to the EU

Author(s): Sanja Barić / Language(s): English

As part of a general study on the role and impact of constitutional adjudication in transitional countries of South East Europe, this paper analyses the operation of the Constitutional Court of the Republic of Croatia after the dissolution of the Yugoslav federation. It aims to answer the posed research questions as to the extent of the Court’s activism in the field of transitional constitutional justice and, consequently, the Court’s success/failure in promoting the legal transition from a socialist order to a modern constitutional democracy. In that view, a narrow but paradigmatic selection of the Court’s case-law is analyzed. Factors that have contributed to the Court’s performance (e.g. political conditioning, personal features) are taken into account, as well as public opinions and attitudes toward its rulings. The first part of this paper presents an overview of the Court’s history, composition and competences, while the next chapter explains three distinct periods of the Croatian constitutional reality, that are detectable from 1991 to 2016. The third part, containing a presentation of particular rulings, tackles: the development of a standard constitutional test (3.1.); post-war justice in relation to popular expectations (3.2.); the clash between social justice and budgetary constraints (3.3.) and the constitutional boundaries of democracy (3.4.). The final part contains an in-depth analysis of incentives for, methods of and threats to the Court’s activism/transformative role. It will be argued that while the Court managed to protect core constitutional values and principles (even during the Homeland War), its greatest success is detectable in the process of the Europeanization of the Croatian legal order. Recent overall detrimental social occurrences (the economic crisis and socio-political radicalization) coupled with certain objective shortcomings of the Court have led to a deterioration of its status and have put its very existence in peril.

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The Transformative Role of the Macedonian Constitutional Court
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The Transformative Role of the Macedonian Constitutional Court

Author(s): Marija Risteska,Emil Shurkov / Language(s): English

The political role of the Macedonian Constitutional Court has been ignored and omitted from study by academia, as well as from commentaries and interpretations by legal professionals. The latter understand the Constitutional Court as part of the judicial system of the country and recognize its role as a legal institution which decides on matters disputed by two parties. The notion of the Constitutional Court as arbitrator and mediator remains, and the opposite notion that the Court is a truly political institution that selects among competing rules and values is typically denied or ignored at best. This paper explores the position, jurisdiction, institutional structure, operation and jurisprudence of the Macedonian Constitutional Court as policymaker. To that extent, the paper analyses the Constitutional Court as an actor that is influenced by, but also as an actor whose decisions influence, politics and political discourse. It also assesses the “hit-and-miss” opportunities the Constitutional Court had in its contribution in the transformation of the Macedonian society into a society that adheres to and promotes democratic values and principles.

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The Uncertain Future: Centers for Investigative Journalism in Bosnia and Herzegovina and Serbia
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The Uncertain Future: Centers for Investigative Journalism in Bosnia and Herzegovina and Serbia

Author(s): Nevena Ršumović / Language(s): English

In the past decade, independent nonprofit centers devoted to the production of investigative journalism according to the highest standards were established in the Western Balkans, joining a world-wide trend of investigative journalism migrating from mainstream media into specialized organizations. This study focuses on two such centers – one in Bosnia and Herzegovina (BiH) and one in Serbia - aiming to understand how such a model of an organization, successful primarily in the U.S, but also in several other places, can operate in the specific conditions of the media markets of the two countries. As the examined centers have as their role-models mainly similar centers in the U.S, the question is how applicable the U.S. nonprofit investigative journalism model is in the Western Balkan countries and are we, possibly, witnessing what Zielonka and Mancini dub “the opaque imitation of external models” referring to imported models that “have been put in practice in very different environments from those in which they originated”? Additionally, the study examines the role of the specifics of donor assistance in the Western Balkans on the operation and future of these two centers. While there are many definitions of investigative journalism, there is a broad understanding among professionals that its components are “systematic, in-depth, and original research and reporting, often involving the unearthing of secrets.” We could add that it covers issues which are in the public interest. It often entails heavy use of public records and data-driven journalism, and focuses on social justice and accountability. While some claim that all good reporting should be investigative, the reality is that methods of investigative reporting can take years to master. Kaplan warns that investigative journalism “should not be confused with what has been dubbed “leak journalism”– quick-hit scoops gained by the leaking of documents or tips, typically by those in political power,” which is a common case in the Western Balkans. Donors recognized the contribution of investigative journalism to accountability, development and democracy and included it in programs aimed at strengthening independent media, fighting corruption and promoting accountability, good governance and democracy. In the Western Balkans, donors have used three main approaches aimed at fostering development of investigative reporting. Attempts have been made to develop it by provision of trainings, through grants for investigative reporters, but also through the creation of nonprofit centers that specialize in investigative reporting as a response to various impediments to practicing it in the mainstream media. The development of investigative journalism nonprofits in the former communist countries of Central and Eastern Europe, including the region of the Western Balkans, was not only due to the lack of funding in the mainstream media, but “can also be seen as investigative journalism trying to deflect pressure from political, commercial or other special interests.” These independent, often non-profit centers are almost entirely dependent on donor funding. They use cutting-edge research methods, such as data driven journalism, publish mainly on the Internet, foster cross-border investigations, and seem to fill the void created among the traditional media. The question is, however, whether such centers in the Western Balkans are able to follow in the footsteps of successful examples abroad. Therefore, this exploratory study provides an analysis of two independent investigative journalism centers in Serbia and BiH dedicated to the production of investigative stories of the highest standards of Western journalism. The study is focused on the Center for Investigative Journalism Serbia (CINS), based in Belgrade, and the Center for Investigative Reporting (CIN), based in Sarajevo. While these centers resemble similar media operations in the Western countries of developed democracies, such as the U.S., this analysis examines the challenges that the two centers face in the context of their respective countries, such as dealing with shrinking international donor support and ensuring long-term self-sustainability, integration in the local media landscape and willingness by mainstream media to publish their stories so they can reach a wider audience in order to achieve policy impact. In order to answer these questions, the study first provides an overview of the trend of investigative journalism nonprofits and a brief analysis of the centers that CIN and CINS used as their role-models. Second, it outlines the problems in the media landscapes of BiH and Serbia which have an impact on investigative journalism. It then offers an overview of the assistance to investigative reporting in the two countries, followed by in-depth case studies of the two selected centers, based on interviews with their managers, funders and independent media experts. Finally, it provides a conclusion of the findings pertaining to the success in transposing the models upon which the centers were established and key contextual factors that influence their operation and perspectives for sustainability.

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Result 21-23 of 23
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