Lex Portus (May 2022)
The Role of the Unilateral Harmonization to the EU Integration
Abstract
The addressing regarding EU integration done so far presents different observations and analyses including almost the same dimension or components. This is due to the fact that concepts for EU integration were usually constructed from the Union’s perspective, i.e. this process was portrayed as an attempt of the aspiring countries (including their specifics) for accession to the auspices of the Union (including but not limited to interests, policies and proactivity of the Union on the basis of formal accession criteria). Through this research paper, I attempt to make a step forward in observing a “nonconventional” component of integration, that is the role of unilateral harmonisation to the EU Integration and its adverse effect. As a concept, herein unilateral harmonization is constructed by being compared with different approaches dedicated to harmonization, in particular, with the Copenhagen criteria for the very purpose of showing the originality, bindingness and impact of unilateral harmonization on European integration. In this regard, it is herewith argued whether unilateral harmonization is cognitive (mandatory) in nature or not, compared to the accession process from a legal and political perspective. Finally, its role and effect on European integration and/or its adverse effect on European integration is evaluated. Therefore, based on current circumstances related to Unions’ integration processes and policies, the effect of unilateral harmonization in two enlargement or currently integrating regions, i.e. Western Balkan countries and countries where EU neighbourhood policy applies (focusing on one of those countries), has been assessed. Sustainable conclusions have been built upon realistic arguments and circumstances which bring into light new concepts and advantages and disadvantages regarding EU integration of relevant enlargement regions.
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