Éditorial 389 Les valeurs de l’Union européenne par Florence Chaltiel Europe de l’Est 392 Le ministère géorgien de l’Intégration européenne et euro- atlantique : un chemin qui mène à Bruxelles ? __________________________________________________________________________________________ par Jul i en Arnoul t 401 La Macédoine aux portes de l’Europe : un carrefour géopolitique et identitaire _________________________________________________________________________________________ par Mari a Mateeva 406 Intégration européenne et mémoire de la guerre en Croatie __________________________________________________________________________________________ par Fanny Arnaud 414 Lutter contre le changement climatique : le nouveau leitmotiv de la politique agricole commune _____________________________________________________________________________________________ par Luc Bodiguel Politiques de l’Union 427 La politique d’immigration de l’Union européenne : le pragmatisme comme principe par Mehdi Mezaguer 436 Les organismes sociaux peuvent se rendre coupables de pratiques commerciales déloyales par Karim Jakouloff Droit pénal 441 Vers une application du principe de reconnaissance mutuelle en matière probatoire ___________________________________________________________________ par Bl andi ne Thel l i er de Ponchevi l l e 454 Un « langage commun » sans « grammaire commune » ? _________________________________________________________________________________ par Ioanni s Rodopoul ous THE GEORGIAN DEPARTMENT OF EUROPEAN AND EURO-ATLANTIC INTEGRATION : A PATH THAT LEADS TO BRUSSELS ? par Julien Arnoult p. 392 The Ministry for European and Euro- Atlantic In-tegration was established in the newly pro- Wes-tern Georgia in 2004, following the Rose Revolu-tion. By creating such a body, the Transcaucasian Republic is following a path paved by a large number of countries, which are now a part of the European Union ( EU). Since the creation of the Ministry, Georgian officials have spread the word that their country is eager to join the EU, although the Tbilisi- based Government has not officially applied yet. Therefore, setting up a ministry de-voted to European integration seems to be a pa-radox. Furthermore, joining the EU is out of reach for Georgia, especially as the EU is unclear about enlargement issues. The ministry’s goals are two-fold: to strengthen ties with the EU and the Eu-ropeanization of Georgia. The underlying motive is to break away from Russia’s sphere of in-fluence. The following article is written from an administrative point of view, with an analysis of the structure of European and Georgian minis-tries, and interviews of officials. MACEDONIA AT THE DOORS OF EUROPE : A GEOPOLITICAL AND IDENTITY CROSSROADS par Maria Mateeva p. 401 This article uses two approaches relating to the state and national elaboration of Macedonia from its Europeanperspective angle. The first section deals with the identity tension and the European future of Macedonia. The second section reviews the impact of the EU membership on the national identity of that country. The analysis is based on a study of the elaboration of the national historical story, of the inter- community relationships in the country and its international relationships in the Balkans and more broadly, in Europe. The article concludes that the identity knot within Macedo-nia represents both a pre- membership sand post-membership stake for Macedonia : it is an obstacle in the EU membership negotiation process ; at the same time, the possible membership would not be a factor with a stabilising effect on the identity complex that is currently observed. EUROPEAN INTEGRATION AND WAR MEMORIES IN CROATIA par Fanny Arnaud p. 406 Croatia’s EuropeanUnion membership on July 1, 2013 is the result of a particularly lengthyintegra-tion lengthyintegra-tion process, due to its recent war past. The for-mer Yugoslavia war ( 1991- 1995) left deep marks in the Croatian society and the area, and mem-bership negotiations focused, inter alia, in addi-tion to the implementation of the community gains, on the consequences of that war : coopera-tion with the Yugoslavia International Criminal Court, minority status and regional reconcilia-tion. Yet such political conditionality was not well accepted locally. BecauseCroatia claims a deeply European identity, as opposed to its Balkanneigh-bours, then the specific clauses of its integration caused incomprehension locally, especially when they conflicted with the collective memories of the war. FIGHTING AGAINST WEATHER CHANGES : THE NEW LEITMOTIV OF THE COMMON AGRICULTURAL POLICY par Luc Bodiguel p. 414 The 2014- 2020 CAP is born. Though it does not revolutionise the public agricultural subsidiary awarding system, it offers a few innovations. The growing presence of the weather issue is one in-novation, apparently at least. Are we witnessing a climate washing of public agricultural subsi-diary settlements, or is there a true remodelling of the CAP’s strategies for the benefit of greenhouse effect gas emissions ? To determine that, 2013 re-gulations 1305, 1306 and 1307 had to be reviewed which was also an opportunity to think, beyond the only issue of the weather, about the legal na-ture of the systems offered by the EU to distribute its subsidies to farm and forest operators. EUROPEAN UNION’S IMMIGRATION POLICY : PRAGMATISM AS A PRINCIPLE par Mehdi Mezaguer p. 427 The European Union’s immigration policy is marked by a search for pragmatism from an ins-titutional and substantial point of view. The rules of its implementation thus show slight de-mocratisation where the involvement of the va-rious institutions still remains unequal. As a re-sult, the European Commission appears more than ever in the foreground of the new institu-tional landscape. Substantially, the search for mainly economic criteria is now accepted, both in terms of the welcome policy and of the illegal immigration rules. Whatever the case, the search for pragmatism translates into a will to be efficient, both from an institutional and subs-tantial point of view. SOCIAL ORGANISATIONS CAN BE GUILTY OF UNFAIR BUSINESS PRACTICES par Karim Jakouloff p. 436 The Court of Justice of the European Union deci-sion pronounced on the 3rd of October 2013 gives us a new approach to the unfair business- to-consumer commercial practices statutory. Ap-plied to the business- to- consumer relations, it tells us that the professionals concerned have to be seen overwhelmingly, in order to include some public organisms whose communications are ad-dressed to a large public. TOWARDS AN APPLICATION OF THE MUTUAL ACKNOWLEDGEMENT PRINCIPLE IN THE EVIDENCE AREA par Blandine Thellier de Poncheville p. 441 Efficient cooperation for the purpose of fighting international crime requires being able to secure evidence found in other states. In addition, after such evidence has been secured by the countries where the acts will be tried, it has to be admissible in its courts. Failing, the judiciary cooperation for the purpose of securing evidence would be poin-tless. As a result the creation of a safety, liberty and justice space within the European Union re-quires the setting up of cooperation facilitating the securing of evidence betweenmember coun-tries on terms guaranteeing the admissibility the-reof. Such are the stakes of the application of the mutual acknowledgement principle in evidence areas, although it ishaving a hard time being translated in law. A COMMON LANGUAGE WITHOUT A COMMON GRAMMAR ? par Ioannis Rodopoulous p. 454 Eighteenyears after the emergence of the first items of a harmonised legal protection of the fi-nancial interests of the Union, the Commission came back in July 2012 with a draft proposal re-lating to the prevention of fraud affecting the fi-nancial interests of the Union, in order to change the applicable framework. Although the new text improves, even slightly, the previous frame, and makes it better meet the letter and spirit of the Lisbon Treaty, its efficiency potential seems limited, failing further harmonisation of a few general criminal law concepts.
