| Le sfide del processo di pre-adesione fra modifiche costituzionali, consolidamento del potere giudiziario e volontà politica: brevi commenti e riflessioni sull’articolo di D. Piqani |
| Fascicolo 2008-4 |
| Scritto da Beqiraj Julinda |
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Abstract The pre-accession process involving countries of South-Eastern Europe (SEE) sheds light on a number of legal challenges related to the implementation of obligations of pre-accession. On the one hand, the advanced stage of economic and political relations with the EU (nevertheless without enjoying full membership status) raises important issues with regard to the relationship between different normative sources, namely international law, EU law and national law. On the other hand, the implementation of pre-accession obligations calls for legal and institutional reforms aimed at guaranteeing a gradual compliance with the acquis communautaire in view of future membership. At this important crossroads, States are faced with key choices that range from the adoption of constitutional changes that specifically refer to the EU legal order, to the strengthening of the independence and proficiency of the judicial power. This brief commentary to the article written by D. Piqani discusses the advantages and disadvantages of these different solutions, arguing that the outcomes of the pre-accession process rely for the most part on the authenticity of the political will of candidate and potential candidate countries. |