Creation and implementation of legal acts of the Council of Europe for the purpose of protecting national interests of the member states

Pop Arsov, Petar (2018) Creation and implementation of legal acts of the Council of Europe for the purpose of protecting national interests of the member states. PhD thesis, Goce Delcev University, Stip.

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Abstract

The Council of Europe is the oldest and largest European political organization based on the principle of intergovernmental cooperation. The protection of human rights, democracy and the rule of law are the three essential pillars on which the Organization relies. These three pillars represent the starting point from which the creation and upgrading of the values and standards of the Council of Europe begins. All this rightfully determines the Council of Europe as an organization that is a source, constructor and protector of the highest social standards and human values. This character of the Organization creates a general perception that the Council of Europe is an ideal and perfect organization in which democracy, the rule of law and the protection of human rights have an absolute primacy and dominance over all other points of interest that are characteristic of modern society. But is that so? This dissertation analyzes exactly the moment of direct contact between the mentioned values and the state interests of the member states. According to the theoretical point of view, each member state of the Council of Europe should automatically and without any obstacles accept and implement the values and standards of the Council of Europe within its overall social system. The aim of the dissertation is to show that in practice, within the activities of the state representatives, there is different gradation of the priorities of their functioning. More specifically, the aim is to show that the protection of state interests is the first priority and the basic task in the functioning of state officials. Also, the goal is to show that the fulfillment of priorities and tasks is realized within the entire system of values of the Organization. It is precisely this framework of the value system that defines the contours on the ground where each member state can legitimately act in the direction of the protection of one's own interests. Any overstepping of this framework in the direction of protecting one's own state interest would be a gross violation of the common values and rules of conduct. The pointing to the protection of state interest as a first and foremost priority in the work and acting of state officials shows the real image of the Council of Europe. This picture deviates from the one we know as a result of the perception that we have theoretically gained. Deviations from the theoretical picture are real and visible, but at the same time subject to a permanent system of control and correction between the member states. This is what makes the Council of Europe a unique organization that is indispensable for Europe and European citizens. This paper proves the presence of activity and action in the direction of the protection of the state interest. The term state interest means everything that is of interest to one-member state, its current government and other institutions represented by delegated representatives from each member state. This dissertation has no ambition to go deeper into the analysis and definition of what is perceived as a national interest in theory. And last and the most important, in spite of the Council of Europe's imperfections, this paper shows the indisputable need for the existence and functioning of this organization. Key words: Council of Europe, state representatives, national interest, effective protection, standards.

Item Type: Thesis (PhD)
Subjects: Social Sciences > Law
Divisions: Faculty of Law
Depositing User: Sladzana Mitrovska
Date Deposited: 28 Nov 2018 09:24
Last Modified: 28 Nov 2018 09:24
URI: http://eprints.ugd.edu.mk/id/eprint/20868

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