engleski

Constitutional Challenges Ahead the EU Accession: Analysis of the Croatian and Turkish Constitutional Provisions that Require Harmonization with the Acquis Communautaire

Constitutions, being a supreme legal source of the country, are often bound to changes in the accession process. Therefore, one of the critical points in the process of full membership to the EU is that the Constitution is not to include any articles which could hinder the reforms to be made. As a result, certain changes in the Constitution are inevitable both to prevent these applications and to remove the obstacles that could disrupt the negotiation process. This paper will primarily attempt to establish the relationship of national law and the legal system of the EU, and secondly try to compare relevant Constitutional provisions dealing with human rights, arguing that the understanding of the fundamental rights concepts might still differ in the Union and in the candidate countries. This paper will consequently investigate what kind of Constitutional adjustments the accession process creates for the two candidate countries: Croatia and Turkey. Examining the assumption that the EU accession might tackle even the basic principles contained in the Constitution, the present paper will attempt to point towards the possible and probable Constitutional amendments that will be necessary to pass in Croatia and Turkey.

Europeanization; Constitutions of Croatian and Turkey; Sovereignty; European Citizenship

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